HHS Advisory Highlights Need For Anti-Kickback Law Update

By Brian Bewley and Kaitlyn Dunn (May 21, 2021, 5:40 PM EDT) -- On April 26, the U.S. Department of Health and Human Services Office of Inspector General issued a favorable advisory opinion involving a proposed ambulatory surgery center, or ASC, joint venture between an unnamed health system, a management company and certain surgeons.

The rationale set forth in Advisory Opinion No. 21-02 — the OIG's first on this topic in over a decade — dovetails with the safeguards highlighted in prior OIG guidance.

However, the opinion is notable insofar as it reinforces the latitude that hospitals, health systems and other providers have to structure compliant ASC arrangements that do not fit precisely within the...

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