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OIG okays conflict-of-interest policies

Medical Staff Leader Connection, June 16, 2004

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The Office of Inspector General's (OIG's) recently released draft compliance guidance, published in the June 8 Federal Register, affirms earlier guidance that states that physician conflict-of-interest policies directed at physician ownership of outpatient ambulatory surgical centers and diagnostic centers will generally not violate the AKS.

This is not the first time the OIG set its sights on medical staff credentialing. In 2002, the agency threw its hat into the ongoing and controversial debate regarding "economic credentialing" by stating in the December 9, 2002 Federal Register that it will issue guidance on the legality of "economic credentialing" in response to the American Medical Association's claims that an "increasing number of hospitals are refusing to grant staff privileges to physicians who own or have other financial interests in, or leadership positions with, competing healthcare entities."

Further, in 2003, the agency included a request for comments on economic credentialing in its annual solicitation for recommendations to develop new and modify existing safe-harbor provisions.

"In this recent pronouncement, [the OIG] indicates fairly clearly that pure economic credentialing-economic credentialing that categorically refuses privileges to physicians with conflicts-would not appear to violate the anti-kickback act in most cases," asserts Mark Mattioli, partner at Post & Schell. The OIG's recent draft compliance guidance provides a preview of the stance the agency will take on the issue as a result of the comments solicited in 2002, according to Mattioli. 

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