Taking a look at an issue pressing many hospitals, the Department of Health and Human Services, Office of Inspector General, or OIG, addressed the issue of a payment arrangement between a hospital and physicians for on-call coverage and indigent in-patient care in an advisory opinion issued May 21, 2009. In the specific arrangement presented, the OIG indicated that while the arrangement could potentially generate prohibited remuneration under the federal anti-kickback statute, the OIG would not impose administrative sanctions.

The opinion is significant because in recent history hospitals have had increasing trouble finding physicians to provide on-call services without additional remuneration. Depending on which side of the fence you sit, the opinion may make more of an allowance for such payments to physicians, or may open a Pandora’s Box for a greater push for paid on-call services.

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