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Two HHS Warnings Highlight Anti-Kickback Risks for Physicians


MMM Healthcare Partners Robert Threlkeld and Elliott Coward recently wrote an article for Law 360 regarding two warnings issued to physicians by the U.S. Department of Health and Human Services’ Office of Inspector General this past August and September.  These strong reminders were issued in separate advisory opinions and stated that “it does not approve of contractual joint ventures or other revenue-maximizing physician arrangements and that such arrangements between physicians and various service providers risk running afoul of the Anti-Kickback Statute.”  

According to Threlkeld and Coward, it is not uncommon for OIG to issue multiple advisory opinions that explore different agreements on similar topics to remind healthcare providers that it takes its positions seriously, and “that is precisely what happened in August and September when the OIG issued Advisory Opinions 23-05 and 23-06.”  Threlkeld and Coward conclude that healthcare providers, including physicians, should remember that “arrangements with service providers that are purely designed to maximize revenue − not to achieve a bona fide care-related purpose that couldn’t otherwise be achieved − should be viewed with caution.” 

Click below to read the full article.

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