On October 20, 2010, the OIG released a notice setting forth non-binding factors the OIG will consider in assessing whether to impose permissive exclusion in accordance with section 1128(b)(15)(A)(ii) of the Social Security Act, which authorizes the OIG to exclude any officer or managing employee of a sanctioned …
OIG Approves Limited Insurance Pre-Authorization Services
October 22, 2010 Leave a Comment
On September 28, 2010, the OIG released Advisory Opinion No. 10-20, which permits a physician-owned imaging center to offer free insurance pre-authorization services for its own services. Of course, before the OIG begins its analysis, it states that the OIG’s position on arrangements where goods or services are …
Another OIG Opinion Calms Fears Government May Punish Charities Helping Poor People Dying From Brain Tumors
September 15, 2010 Leave a Comment
At first blush, the conclusion seems obvious. But OIG Advisory Opinion 10-12 reminds us that calling something “charity” doesn’t immunize it from careful scrutiny under the fraud and abuse laws. This opinion, released August 30, is the latest of several OIG opinions addressing patient assistance programs, or …
OIG Issues Advisory Opinion Concerning Joint Ventures
September 10, 2010 Leave a Comment
The old French proverb “the more things change, the more they stay the same” comes to mind as one reads the HHS Office of the Inspector General’s most recent statements about joint ventures between heath care providers. On September 8, 2010, the OIG issued an Advisory Opinion concerning a joint venture …
OIG Okays Charitable Contribution Program To Encourage Physicians to Meet with Drug and Device Manufacturers
September 1, 2010 Leave a Comment
In a new twist on pay to play, the Office of Inspector General of the Department of Health and Human Services (“OIG”) has concluded that a charitable contribution program designed to encourage physicians and other health care providers to meet with drug and device manufacturer representatives does not violate …