Browse Advisory Opinions

Concerning a proposed arrangement by which a municipal corporation that owns and operates an ambulance service would treat revenue received from local real estate taxes as payment as applicable copayments/deductibles due from residents.

Concerning a proposed arrangement that would involve a company developing and managing distinct part inpatient rehabilitation units located within general acute care hospitals in exchange for a management fee calculated on a per patient per day basis.

Concerning an arrangement involving a medical center providing physician services to a county-owned women's health clinic for an annual below fair-market value fee, along with inpatient hospital services for the county clinic's primarily indigent and low-income, self-paying patients at no charge.

Concerning a proposed arrangement under which a renal dialysis facility would provide acute hemodialysis services to a hospital district's inpatients, provide outpatient chronic hemodialysis services to some of the hospital district's indigent patients, and purchase certain hemodialysis equipment from the hospital district.

Concerning a proposed ambulatory surgical center (ASC) arrangement that would be jointly owned by a hospital and a multi-specialty group practice with a substantial number of physician members who would not personally use the ASC.

Concerning a proposed modification to a drug company's patient assistance program to pay Medicare Part B cost-sharing amounts for financially needy beneficiaries following surgery.

Concerning a proposed program by a provider of home health care services to provide free medical-alert pagers and pager monitoring service to homebound patients during the period such patients are receiving the company's home health services.

Concerning the potential for the imposition of sanctions against a company which has made a good faith offer of employment to an excluded individual.

Concerning a medical center's proposed acquisition of an ownership interest in an established single-specialty [orthopedic] ambulatory surgery center, together with the execution of a series of related ancillary contracts.

Concerning the waiver of Part B cost-sharing obligations for equipment and supplies used by Medicare beneficiaries to monitor blood glucose levels in a clinical trial sponsored by the National Institutes of Health.

Concerning whether a proposed program to provide free safety equipment to hemophilia patients, as well as free electronic pagers to the parents of pediatric hemophilia patients, would violate section 1128A(a)(5) of the Social Security Act.

Concerning a proposal by a municipal corporation that owns and operates an ambulance service to treat revenue received from local real estate taxes received from its residents as payment of otherwise applicable copayments and deductibles due from these residents for emergency ambulance services.

Concerning whether a proposed arrangement involving financial assistance by a non-profit foundation, which a pharmaceutical company proposes to establish and fund in order to subsidize cost-sharing amounts incurred by financially needy patients using its drug, would violate the administrative authorities related to the anti-kickback statute.

Concerning a proposed arrangement involving an internet-based chronic disease management business that would (1) contract with managed care organizations and employer-based health plans to enroll their members in an on-line clinical compliance program that includes awarding points redeemable for goods and services to members and their physicians for undertaking compliance activities, and (2) sell advertising on its web site to advertisers, including pharmacies and pharmaceutical companies.

Concerning whether a State-chartered hospital authority, which owns and operates a large teaching hospital, can make substantial charitable contributions to an endowment fund affiliated with the university in order to support and promote education and research at the university's school of medicine through developing a clinical cardiology services program, and whether this grant would violate the administrative authorities related to the anti-kickback statute.

Concerning whether the offering of discounts to customers, based on their purchases of dialysis equipment and supplies - some of which 05/be reimbursed under different Medicare part B methodologies - would violate the administrative authorities related to the anti-kickback statute.

Concerning whether a proposed single-specialty ambulatory surgical center that would be wholly-owned by a physician would violate the administrative authorities related to the anti-kickback statute.

Concerning whether a political subdivision of a State that owns and operates an ambulance service can treat operating revenues received from local taxes as payments of applicable copayments and deductibles due from residents.

Concerning the proposed waiver of coinsurance for portable x-ray services provided to nursing facility residents who are eligible for Medicare and Medicaid, but who do not meet the eligibility requirements for Qualified Medicare beneficiaries.

Concerning whether a proposal to offer a refund program to hospital consumers who purchase the hospital's blood-filtering device for treatment of rheumatoid arthritis would constitute grounds for the imposition of sanctions under the OIG's exclusion and civil money penalty authorities.