Fighting Stimulant and other Substance Use Disorders Act

“(3) Review of safe harbor for certain contingency management interventions

“(A) In general—Pursuant to the final rule titled “Medicare and State Health Care Programs: Fraud and Abuse; Revisions to Safe Harbors Under the Anti-Kickback Statute, and Civil Monetary Penalty Rules Regarding Beneficiary Inducements” and published in the Federal Register on December 2, 2020 (85 Fed. Reg. 77684), not later than one year after the date of the enactment of this paragraph, the Inspector General of the Department of Health and Human Services shall conduct a review on whether to establish a safe harbor described in paragraph (1)(A)(ii) for evidence-based contingency management incentives and the parameters for such a safe harbor. In conducting the review under the previous sentence, the Secretary shall consider the extent to which providing such a safe harbor for evidence-based contingency management incentives may result in any of the factors described in paragraph (2).

“(i) Report—Not later than two years after the date of the enactment of this paragraph, the Secretary and the Inspector General of the Department of Health and Human Services shall submit to Congress recommendations, including based on the review conducted under subparagraph (A), for improving access to evidence-based contingency management interventions while ensuring quality of care, ensuring fidelity to evidence-based practices, and including strong program integrity safeguards that prevent increased waste, fraud, and abuse and prevent medically unnecessary or inappropriate items or services reimbursed in whole or in part by a Federal health care program.”