The Health and Human Services Office of Inspector General, or OIG, issued an advisory opinion (No. 08-19) that approved “pay per call/e-mail” advertising arrangements between an Internet advertiser and chiropractors. The OIG ultimately concluded that although the arrangement could potentially generate prohibited remuneration under the federal Anti-Kickback Statute, if the requisite intent were proved, the OIG would not impose administrative sanctions in this particular arrangement because it posed a minimal risk of federal health care program or patient fraud and abuse.
No other party may rely on an advisory opinion in approving or disapproving a client’s proposed transaction. The advisory opinion expressly states that it is only issued to the requestor of the opinion and that this advisory opinion has no application to and cannot be relied upon by any other individual or entity. It also expressly states that this advisory opinion may not be introduced into evidence in any matter involving an entity or individual that is not a requestor of this opinion. Nevertheless, this advisory opinion sheds some insight on the OIG’s thinking as to what may be permissible types of advertising relationships health care clients may enter into.
Details of the Advertising Arrangement
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