Vasilios J. Kalogredis, with Lamb McErlane. Courtesy photo. OIG Issues Unfavorable Opinion for Proposed Arrangement Under the Anti-Kickback Statute
The requestor inquired as to whether the proposed arrangement would warrant sanctions under Section 1128(b)(7) or Section 1128(a)(7) of the Social Security Act (SSA), as they relate to Section 1128B(b), the federal anti-kickback statute (AKS).
October 02, 2023 at 11:12 AM
9 minute read
The HHS Office of Inspector General (OIG) issued Advisory Opinion No. 23-05 (opinion) on Aug. 15 regarding a proposed arrangement in which the "requestor" would assist physicians who perform surgeries using intraoperative neuromonitoring (IONM) with the formation and operation of a turnkey physician-owned entity that would perform IONM services (the proposed arrangement). Specifically, the requestor inquired as to whether the proposed arrangement would warrant sanctions under Section 1128(b)(7) or Section 1128(a)(7) of the Social Security Act (SSA), as they relate to Section 1128B(b), the federal anti-kickback statute (AKS).
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