" Pharmaceutical manufacturers, distributors, and wholesalers; pharmacy benefit managers; laboratory companies; pharmacies that primarily compound drugs or primarily dispense compounded drugs; manufacturers of devices or medical supplies; entities or individuals that sell or rent durable medical equipment, prosthetics, orthotics and supplies (DMEPOS) (other than a pharmacy or a physician, provider, or other entity that primarily furnishes services); and medical device distributors and wholesalers are all ineligible to use these new safe harbors." quoted from https://www.mintz.com/insights-center/viewpoints/2146/2020-12-07-hhs-finalizes-highly-anticipated-final-rules-amending
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