Date: 2026-08-06. This primary-source correction supersedes any statement that CM has a settled nationwide safe-harbor expansion or an OIG $75 “cap.”
- No CM-specific safe harbor is final. The current patient-engagement safe harbor is conditional, in-kind only, and its indexed cap is $623 in 2026. eCFR, OIG update.
- OIG's 2020 final rule explicitly says $75 is not an OIG-imposed CM limit; it is nominal-value guidance for in-kind beneficiary inducements. CM outside a safe harbor remains fact-specific. Federal Register.
- HHS/OIG can propose a dedicated rule without a new CM statute, but a planned NPRM (RIN 0936-AA13) moved from a May 2026 target in the Spring 2025 agenda to Long-Term in Fall 2025; no active CM NPRM/final rule is listed currently.
- SAMHSA's $750 policy is grant-limited, in-kind funding guidance—not a legal safe harbor or general Medicaid/commercial reimbursement rule.
The currently executable payment paths are SAMHSA grant programmes and state-specific Medicaid coverage (including selected §1115 approvals). A future federal safe harbor is prospective and uncertain. Any later score must split those paths from CM's clinical-efficacy evidence.