Corporate Compliance

OIG releases advisory opinion on ASCs and its physician investors

Compliance Monitor, June 20, 2007

The OIG released a new advisory opinion this week that addresses whether it is permissable to allow certain physician investors in an established ambulatory surgery center to sell a portion of their ownership interests to a local hospital.

Although 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."

View this advisory opinion here.

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