HHS Approves Flat-Rate Payments For ER On-Call Specialists

Law360, New York (October 30, 2012, 5:36 PM EDT) -- A hospital emergency department's arrangement to pay on-call specialists a flat-rate per-diem fee, regardless of whether they are called on or how many patients they see, does not warrant sanctions but could potentially trigger the anti-kickback statute, according to an advisory opinion released Tuesday.

The Office of Inspector General for the Department of Health and Human Service said the arrangement could potentially generate prohibited payments, if the hospital or doctors had the intent to induce or reward referrals for business that would be paid for by...
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