OIG Newsroom · October 28, 2026 · Primary source
Annual Inflation Updates to the Annual Cap on Patient Engagement Tools and Supports Under 42 CFR § 1001.952(hh)
Summary
OIG published its annual inflation update to the patient engagement tools and supports AKS safe harbor cap under 42 CFR 1001.952(hh), setting the 2027 annual monetary cap at $646 per patient, reflecting a 3.7 percent CPI-U increase for the 12-month period ending September 30, 2026. The safe harbor protects remuneration from value-based enterprise participants to patients for qualifying tools and supports, subject to this aggregate retail value ceiling. The cap has risen from $500 at the safe harbor's January 2021 inception to $646 effective January 1, 2027.
What this may mean
Value-based enterprise participants that furnish patient engagement tools and supports to Medicare and Medicaid patients must apply the $646 per-patient annual cap beginning January 1, 2027, replacing the 2026 cap of $623. Any arrangement that exceeds this threshold loses safe harbor protection under 42 CFR 1001.952(hh) and is subject to AKS scrutiny. The $23 increase from 2026 is modest but requires updating written policies, vendor agreements, and tracking systems that reference the prior-year dollar figure.
Informational only. Not legal, medical, financial, or other professional advice. Always consult a qualified professional familiar with your specific facts before relying on any item.
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