Medical Device Makers Eager to Weigh in on Anti-Kickback Law

Medical device manufacturers are optimistic the Trump administration will change anti-fraud policies to allow greater company participation in formal arrangements that coordinate care for patients.

Industry representatives and attorneys told Bloomberg Law they see an opportunity in the Department of Health and Human Services’ recent request for information (RIN:0936-AA10) for public comments, asking how the HHS can foster care coordination by modifying or adding safe harbors to the anti-kickback statute, such as making prices for devices contingent on whether patients improve.

Industry group AdvaMed sees the anti-kickback statute as the “top deterrent to more companies getting engaged in value-based arrangements,” ...