Comment on FR Doc # 2011-33345

See attached file(s) Dear Inspector General: In response to the December 29, 2011, Department of Health and Human Services (“HHS”) Office of the Inspector General (“OIG”) annual solicitation for proposals to develop or modify safe harbor provisions under the Federal anti-kickback statute (OIG–120–N), the Tribal Technical Advisory Group (TTAG) to the Centers for Medicare and Medicaid Services (CMS) proposes the addition of one or more safe harbors to exempt certain transactions in which an Indian health program is one of the parties. TTAG advises CMS on Indian health policy issues involving Medicare, Medicaid, the Children’s Health Insurance Program, and any other health care program funded (in whole or part) by CMS. In particular, TTAG focuses on providing policy advice to CMS regarding improving the availability of health care services to American Indians and Alaska Natives (AI/AN) under these Federal health care programs, including through providers operating under the health programs of the Indian Health Service, Indian Tribes, tribal organizations and urban Indian organizations (I/T/U). 1. Introduction and Background The Indian health system is arguably the only truly integrated health system in the United States. It is comprised of the Indian Health Service, tribal health programs, and urban Indian organizations (“Indian health care providers”). Indian health care providers work to fulfill the Nation’s special trust responsibilities and legal obligations to Indians– (1) to ensure the highest possible health status for Indians and urban Indians and to provide all resources necessary to effect that policy; (2) to raise the health status of Indians and urban Indians to at least the levels set forth in the goals contained within the Healthy People 2010 initiative or successor objectives; (3) to ensure maximum Indian participation in the direction of health care services so as to render the persons administering such services and the service