Articles and Blogs

Anti-Kickback Statute

Here at Last: OIG Allows Limited Risk Sharing for Hospitals and Manufacturers

[09/19/18]

Posted on September 19, 2018 in Health Law News

Published by: Hall Render

In the era of value-based care, health care providers and manufacturers are increasingly examining risk sharing opportunities in the treatment of patients. On September 17, the Department of Health and Human Services Office of Inspector General (“OIG”) published Advisory Opinion 18-10 whereby it approved a proposed risk sharing initiative with defined guardrails. The Advisory... READ MORE

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OIG Requests Information from Stakeholders to Expand Anti-Kickback Statute and Civil Monetary Penalty Safe Harbors

[09/14/18]

Posted on September 14, 2018 in Health Law News

Published by: Hall Render

On August 27, 2018, the Department of Health and Human Services (“HHS”) Office of Inspector General (“OIG”) published a Request for Information (“RFI”) regarding the Anti-Kickback Statute (“AKS”) and Civil Monetary Penalties Law (“CMP”). The RFI, published as a result of HHS’s desire to transition the current health care system to one that pays... READ MORE

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OIG Approves Arrangement to Provide Free DME Samples

[06/06/18]

Posted on June 6, 2018 in Health Law News

Published by: Hall Render

On May 7, 2018, the Department of Health and Human Services Office of Inspector General (“OIG”) published Advisory Opinion 18-02, which approved an arrangement allowing a durable medical equipment (“DME”) distributor to provide patients with product samples at no cost to the patient. OIG stated that it would not impose sanctions against the parties... READ MORE

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Safe Harbors Less Safe in Ohio

[10/17/14]

Posted on October 17, 2014 in False Claims Act Defense

Written by: David B. Honig

In a new case from the Southern District of Ohio, US_v_MillenniumRadiology, the court denied a motion to dismiss a False Claims Act suit, finding that compliance with a safe harbor could only be raised on summary judgment. The court also found that uncompensated service as a medical director could form the basis for a False Claims... READ MORE

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