Tip: Avoid anti-kickback statues from exclusive contracts
Compliance Monitor, October 7, 2009
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According to the Supplemental Compliance Program Guidance for Hospitals (Supplemental Guidance), the OIG understands the importance of exclusive contracts with a physician or physician’s group. But be warned that these exclusive arrangements may affect the value of the overall arrangement. To avoid an anti-kickback statute violation, the exclusive arrangement must require a hospital-based physician or physician’s group perform reasonable administrative or limited clinical duties directly related to hospital-based professional services at no (or reduced) charge.
- Participation on hospital committees, tumor boards, or similar hospital entities
- Participation in on-call rotation
- Performances of quality-assurance and oversight activities
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