OIG Nursing Facility Compliance Program Recent Guidance: Anti-Kickback Statute Risks and Recommendations

Nursing facilities: Are you vigilantly monitoring your referral relationships to ensure their compliance with the Anti-Kickback Statute?

In November 2024, the Department of Health and Human Services Office of Inspector General (OIG) published an updated Industry Segment-Specific Compliance Program Guidance (ICPG) document for the nursing facility healthcare industry segment. In it, OIG discussed risk areas for nursing facilities, including the federal Anti-Kickback Statute (AKS).

This article will address areas that OIG recommends nursing facilities should scrutinize in their risk assessments and routine internal review and monitoring processes. In previous articles, we reviewed why nursing facilities must prioritize—as well as best practices from the OIG related to risk areas within—quality of care and quality of life for residents; and monitoring Medicare and Medicaid billing requirements as part of compliance and ethics programs.