CMS Pub. 100-11, ch. 3, § 60.3

42 CFR 460.82(e)

POs may offer gifts to prospective participants, provided they:

• Have only Nominal Value (be worth $15 or less) based on the retail

value of the item, with a maximum aggregate of $75 per person, per

year;

Note: POs should track and document items given to current

participants. POs are not required to track pre-enrollment

promotional items on a per person basis; however, they must

not structure pre-enrollment activities so as to avoid the $75 per

year aggregate maximum.

• Are offered to all prospective participants regardless of whether they

enroll and without discrimination;

• Are not be tied directly or indirectly to the provision of any other

covered item or service;

• If a nominal gift is one large gift (e.g., a concert or raffle), the total

retail value must not exceed the nominal per person value based on

attendance. For example, if 10 people are expected to attend an

event, the nominal gift may not be worth more than $150 ($15 for

each of the 10 anticipated attendees). For planning purposes,

anticipated attendance may be used, but must be based on actual

venue size, response rate, or ad circulation; and

• Nominal gifts may not be in the form of cash or other monetary

rebates, even if their worth is $15 or less. Cash gifts include charitable

contributions made on behalf of prospective participants, and those

gift certificates and gift cards that can be readily converted to cash,

regardless of dollar amount.

Note: Additional information regarding gifts and gift cards is available on

the DHHS Office of Inspector General’s (OIG’s) website (available at

http://www.oig.hhs.gov/).