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OIG Revokes Patient Charity's Kickback Liability Protection

Law360, New York (November 28, 2017, 3:27 PM EST) -- In an unprecedented move, the Office of Inspector General for the U.S. Department of Health and Human Services on Tuesday revoked an advisory opinion shielding a patient-assistance charity from kickback liability, calling the charity a potential “conduit” for drug industry dollars.

The action applied to an advisory opinion that the OIG issued in 2006 and modified in 2015. According to a revocation notice sent on Tuesday, the charity breached two commitments related to independence from donors and thereby opened the door to steering Medicare beneficiaries toward...
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