OIG's Warning To Impermissible Health Care Arrangements

Law360, New York (July 24, 2012, 1:06 PM EDT) -- On June 1, 2012, the U.S. Department of Health and Human Services' Office of Inspector General (OIG) issued Advisory Opinion 12-06 concerning two proposals by an anesthesia services provider (requestor) for restructuring its relationship with several ambulatory surgery centers (ASCs).

In concluding that both proposals run the risk of generating prohibited remuneration under the federal anti-kickback statute, the opinion potentially upends long-standing assumptions concerning permissible ancillary and multispecialty arrangements.

The requestor is a sizeable anesthesia group that is the ASCs' exclusive anesthesia services provider. The requestor...
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