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February 18, 2022   
Health Law Weekly

OIG Says AKS Safe Harbor Applies to HHAs’ Proposal to Pay Salaries, Tuition Costs of Employed CNAs In-Training

  • February 18, 2022

A proposal by home health agencies (HHAs) to pay salaries and certification program tuition costs of new employees hired to work as certified nurse aides (CNAs) who are also potential referral sources qualified for the statutory and regulatory safe harbor for employees and therefore would not generate prohibited remuneration under the Anti-Kickback Statute (AKS), the Department of Health and Human Services Office of Inspector General (OIG) said in an advisory opinion posted February 14.

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