OIG Advisory Opinion No. 07-19, posted on the OIG's website
on January 3, 2008, responds to an inquiry as to whether a
radiology practice can prepare a written report of its
interpretation of a radiology procedure for patients of a
critical access hospital without charge, without violating the federal antikickback statute (FAS). As discussed below, the OIG's response reflects consideration of two important issues: (1) the relationship of Medicare payment principles to the FAS, and (2) services which hospital-based physicians can be required to provide to hospitals, without payment, consistent with the FAS.
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