News & Analysis as of September 22, 2024

Anti-Kickback Statute › Joint Venture

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The Anti-Kickback Statute is a United States federal criminal statute that prohibits the exchange (or the promise to exchange) of anything of value for referrals of federal healthcare program business. The statute aims to prevent situations where government officials channel federal healthcare dollars towards particular providers, who have offered or given the official a personal benefit. Penalties for violation of the Anti-Kickback statute apply to both sides of a prohibited transaction and can include jail time and steep monetary fines. less -

Advisory Opinion 23-05: OIG Warns Sanctions Would Likely be Issued in Response to Certain Proposed Contractual Joint Venture

Robinson+Cole Health Law Diagnosis on 9/25/2023

On August 18, 2023, the Office of Inspector General (OIG) published Advisory Opinion 23-05 (Advisory Opinion), in which the OIG warned that it would likely issue sanctions under the Federal anti-kickback statute (AKS) if a...more

Health Law Diagnosis - Advisory Opinion 23-05: OIG Warns Sanctions Would Likely be Issued in Response to Certain Proposed...

Robinson & Cole LLP on 9/25/2023

Expect the Expected: OIG Remains Suspicious of Suspect Contractual Joint Ventures in Advisory Opinion Involving IONM Industry

Bass, Berry & Sims PLC on 9/19/2023

On August 18, the U.S. Department of Health and Human Services Office of Inspector General (OIG) published Advisory Opinion 23-05, finding that an entity’s proposal to facilitate referring surgeons’ ownership of turnkey...more

OIG Issues Unfavorable Advisory Opinion for Proposed IONM Joint Venture

Saul Ewing LLP on 9/1/2023

The HHS Office of Inspector General issued an 'unfavorable' advisory opinion in August with respect to a proposed joint venture relating to interoperative neuro monitoring. Parties considering joint ventures and those in...more

OIG Says Proposed Surgery Monitoring Arrangement May Violate Kickback Statute

Stevens & Lee on 8/28/2023

On August 18, the Office of Inspector General in the Department of Health and Human Services (“OIG”) issued Advisory Opinion 23-05 in which it concluded that a proposed arrangement involving the formation of a company...more

OIG Joint Venture Advisory Opinion Does Not Consider Multiple Court Decisions That Undermine the Conclusions in its Opinion

Akin Gump Strauss Hauer & Feld LLP on 1/18/2022

Key Points - HHS-OIG recently issued an Advisory Opinion finding that proposed JV, if undertaken, could constitute prohibited remuneration under the AKS. The scope of material the OIG may consider is limited. The OIG...more

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Anti-Kickback Statute › Joint Venture

Advisory Opinion 23-05: OIG Warns Sanctions Would Likely be Issued in Response to Certain Proposed Contractual Joint Venture

Health Law Diagnosis - Advisory Opinion 23-05: OIG Warns Sanctions Would Likely be Issued in Response to Certain Proposed...

Expect the Expected: OIG Remains Suspicious of Suspect Contractual Joint Ventures in Advisory Opinion Involving IONM Industry

OIG Issues Unfavorable Advisory Opinion for Proposed IONM Joint Venture

OIG Says Proposed Surgery Monitoring Arrangement May Violate Kickback Statute

OIG Joint Venture Advisory Opinion Does Not Consider Multiple Court Decisions That Undermine the Conclusions in its Opinion

OIG Issues Favorable Advisory Opinion on Ambulatory Surgery Center Joint Venture

OIG Advisory Opinion Allows ASC Joint Venture by Management Company and Hospital-Employed Physicians

OIG Issues Favorable Advisory Opinion For Hospital/Physician ASC Joint Venture

New Favorable OIG Advisory Opinion – ASC Joint Ventures

OIG Issues Favorable Advisory Opinion On Hospital/Physician Joint Venture ASC

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Anti-Kickback Statute › Joint Venture

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