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OIG releases advisory opinion on ASCs, physician investors

Ambulatory Surgery Reimbursement Update, June 26, 2007

The Department of Health and Human Services Office of Inspector General (OIG) posted a new advisory opinion June 19 that addresses whether it is acceptable to allow certain physician investors in an established ASC to sell a portion of their ownership interests to a local hospital, according to the OIG Web site.

While the OIG said the scenario could potentially generate illegal remuneration, "any definitive conclusion regarding the existence of an anti-kickback violation requires a determination of the parties' intent, which determination is beyond the scope of the advisory opinion process," according to the OIG."

To view this advisory opinion, click here.

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