Safe Harbor provisions are designed to identify payment and business practices that would not be prosecuted.

• A. They identify fraud and ensure prosecution
• B. They identify payment and business practices that would not be prosecuted
• C. They regulate telemarketing
• D. They evaluate hospitals

Answer: (B)

Safe Harbor provisions define specific payment and business arrangements that, if they meet all the stated criteria, are shielded from prosecution under fraud and abuse laws. They provide a safe path for legitimate practices to operate without fear of criminal liability, rather than flagging something as fraud to be pursued. For example, if a compensation arrangement for services is at fair market value, documented in a written agreement, and free of kickback incentives, it can fall under a safe harbor and be protected. The other options don’t fit because safe harbors aren’t about identifying practices to prosecute, they aren’t specifically about telemarketing regulation, and they don’t pertain to evaluating hospitals.