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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