New Anti-Kickback Safe Harbor Allows Free Transportation Services

There are many benefits laboratories can’t provide to beneficiaries or referral sources without running afoul of the Anti-Kickback Statute. New changes to safe harbor regulations, however, allow labs to provide free transportation to Medicare beneficiaries under certain circumstances. The new transportation safe harbor allows labs and other providers to offer free or discounted local transportation services to federal program beneficiaries.  Under this safe harbor, transportation programs may offer: a) transportation to and from a patient’s home to provide access for that patient to a provider or supplier; or b) vouchers for such transportation provided by another entity. Note that the rule requires free transportation only be offered to “established patients.” The final rule explains, however, that established patients can include new patients who have contacted the provider to schedule an appointment.