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Category Archives: Anti-Kickback Statute

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OIG Issues Advisory Opinion No. 15-12: Free Home Health Provider Visits Do Not Violate Anti-Kickback Statute

Posted in Anti-Kickback Statute, OIG Advisory Opinion
The Department of Health and Human Services Office of Inspector General (“OIG”) recently issued a new advisory opinion finding that free introductory visits (the “Introductory Visits”) for patients offered by a home health care provider (the “Requestor”) would not violate the Anti-Kickback Statute (“AKS”) or the Civil Monetary Penalties Law (“CMP”). The main issue addressed by… Continue Reading

OIG Issues New Fraud Alert: Physician Compensation Arrangements May Result in Significant Liability Under the Anti-Kickback Statute

Posted in Anti-Kickback Statute, OIG Fraud Alert
Medical directors, beware. The Office of Inspector General (“OIG”) warns in its recently released fraud alert (“Fraud Alert”) that physician compensation arrangements, such as medical directorships, run the risk of violating the anti-kickback statute (“AKS”). The release of this Fraud Alert follows a series of recent settlements between the OIG and twelve individual physicians regarding… Continue Reading

CMS Announces Launch of Open Payments Database: $3.5 Billion Paid to Physicians and Teaching Hospitals

Posted in Affordable Care Act (ACA), Anti-Kickback Statute, Fraud and Abuse, Trends
The Open Payments database (the “Database”) is now live, and the first round of data is available to the public on the Centers for Medicare and Medicaid Services (“CMS”) website. This first round of data reflects “nearly 4.4 million payments valued at nearly $3.5 billion attributable to 546,000 individual physicians and almost 1,360 teaching hospitals,”… Continue Reading

News from the Health Law Gurus™: Week of August 24, 2014

Posted in Affordable Care Act (ACA), Anti-Kickback Statute, Medicare, News from the Health Law Gurus, OIG Advisory Opinion, Trends
News from the Health Law Gurus™ is a weekly summary of notable health law news from around the country with helpful links to related content. Check back every week for the latest health law news stories. CMS Bolsters Roster Before Next Health Insurance Marketplace Open Enrollment Period – The Department of Health and Human Services… Continue Reading

News from the Health Law Gurus™: Week of June 8th, 2014

Posted in Anti-Kickback Statute, Compliance Issues, False Claims Act, News from the Health Law Gurus, Technology
News from the Health Law Gurus™ is a weekly summary of notable health law news from around the country with helpful links to related content. Check back every Friday for the latest health law news stories. Burwell Confirmed as HHS Secretary—Last week, the Senate approved of the Obama Administration’s nominee for Secretary of Department of… Continue Reading

Advisory Opinion 14-01: OIG Says No AKS Sanctions for Senior Communities that Compensate Referral Source

Posted in Anti-Kickback Statute, Compliance Issues, OIG Advisory Opinion
In its first Advisory Opinion of 2014, the Department of Health and Human Services Office of Inspector General (“OIG”) found that an arrangement between a placement agency (the “Placement Agency”) and certain senior residential communities (the “Communities”) does not violate the Anti-Kickback Statute (“AKS”).  Under the arrangement, the Communities pay the Placement Agency for referring… Continue Reading

Federal Government Extends Donated EHR Technology Protections under Stark and AKS through 2021

Posted in Anti-Kickback Statute, Compliance Issues, Stark Law
Some of the most important protections under the federal Stark Law (“Stark”) and the federal Anti-Kickback Statute (“AKS”) have been those that permit hospitals and other organizations to donate electronic health records (“EHR”) items and services to physicians. Fortunately for physicians, the Centers for Medicare & Medicaid Services (“CMS”) and the Office of Inspector General… Continue Reading