On December 10, 2002, the OIG posted a letter indicating that it is considering creating a regulatory exception for certain types of complimentary local transportation of higher value than currently allowed for beneficiaries who reside in the provider's primary care service area. In light of this consideration and to prevent needless disruption in patient care, the OIG will not strictly enforce section 1128A(a)(5) of the Social Security Act, which limits complimentary transportation services to those that do not exceed $10 in value per trip and $50 per patient in the aggregate on an annual basis, provided that complimentary transportation programs meet certain requirements. The OIG also published a request for comments and a notice of intent to develop regulations on exceptions to the civil money penalty prohibition on offering inducements to Medicare and Medicaid beneficiaries to influence their selection of a provider, practitioner, or supplier. Because Congress provided no guidance on criteria to be applied in creating additional regulatory exceptions to this code provision, the OIG is particularly interested in comments pertaining to possible exceptions for complimentary local transportation, inducements related to clinical trials, and inducements of nominal value.

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