The safe harbor cap on remuneration for patient engagement and support is adjusted annually based on changes to the consumer price index (“CPI”). 42 C.F.R. §1001.952(hh) protects specified arrangements for patient engagement and support that improve quality, health outcomes and efficiency, and establishes an annual maximum for the aggregate retail value of patient engagement tools and supports. That cap is adjusted annually based upon the changes in the CPI.

The cap for 2024 will be $591. This is a 3.7% increase from the 2023 cap of $570.

The OIG Notice has further details.

Should you need anything else on this topic or if you have a matter you wish to pursue with NYSDOH or OIG, please reach out to Matthew Babcock at to discuss an engagement.

This alert is not a substitute for advice of counsel on specific legal issues.

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