Health Law Alert - OBS Rental Rules Called Into Question


Not long after the passage of the laws permitting physicians to operate accredited office based surgery practices (“OBSPs”), the Department of Health (the “Department”) Website included a list of “Frequently Asked Questions” (individually, a “FAQ” or collectively, “FAQs”) regarding OBSPs. Among the FAQs posted as of August 7, 2009, was FAQ number 49 which read as follows:

“49. If a physician leases space from an accredited OBS practice, does the accreditation of the practice extend to the leasing physician -- making the performance of OBS by the leasing physician legal?...

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