By Michael Gaba & Tracy Cole Turner
The Department of Health and Human Services Office of Inspector General (OIG) has released five new advisory opinions on the Federal Medicare/Medicaid Anti-Kickback statute. These are the first five Advisory Opinions this year.
Advisory Opinion No. 02-1 concerns a non-profit, tax-exempt, charitable corporation funded largely by drug companies that would provide financial assistance to subsidize, in whole or in part, the Part B cost-sharing amounts and Medigap premiums of financially needy Medicare beneficiaries suffering from relatively rare chronic diseases.
Advisory Opinion No. 02-2 concerns an ambulance restocking program that will satisfy the criteria for a "general replenishing" arrangement within the terms of the recently issued ambulance restocking safe harbor.
Advisory Opinion No. 02-3 concerns an ambulance restocking program that will satisfy the criteria for a "general replenishing" arrangement within the terms of the recently issued ambulance restocking safe harbor.) (this is identical to the previous Opinion)
Advisory Opinion No. 02-4 concerns a durable medical equipment company's proposal to place its portable oxygen systems onsite at certain local hospitals, clinics, and physician offices for distribution to certain departing patients.
Advisory Opinion No.02-5 concerns whether the proposed reorganization of an existing radiation oncology group practice would violate the administrative authorities related to the anti-kickback statute.
The full text of the opinions may be viewed online at http://oig.hhs.gov/fraud/advisoryopinions.html.
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