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Text of Letter from HHS to Rep. McDermott on Whether QHPs Are 'Federal Health Care Programs' (PDF)
U.S. Department of Health and Human Services [HHS] 
[Official Guidance] Nov. 5, 2013
"The Department of Health and Human Services does not consider QHPs, other programs related to the Federally-facilitated Marketplace, and other programs under Title I of the Affordable Care Act to be federal health care programs [under section 1128B of the Social Security Act, sometimes called the "Anti-Kickback Statute"]. This includes the State-based and Federally-facilitated Marketplaces; the cost-sharing reductions and advance payments of the premium tax credit; Navigators for the Federally-facilitated Marketplaces and other federally funded consumer assistance programs; consumer-oriented and operated health insurance plans; and the risk adjustment, reinsurance, and risk corridors programs."
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