Lexology October 26, 2023
The US Department of Health and Human Services Office of Inspector General (OIG) recently released Advisory Opinion No. 23-07, in which OIG approved a proposed arrangement to pay employed physicians bonuses based on net profits derived from certain ambulatory surgery center procedures performed by the physicians. The Advisory Opinion highlights the scope and flexibility of the statutory exception and regulatory safe harbor for bona fide employment arrangements under the federal Anti-Kickback Statute.
BACKGROUND ON ADVISORY OPINION NO. 23-07
The requestor of Advisory Opinion No. 23-07 is a multispecialty physician practice with approximately 11 physician employees. The physician group also operates two ambulatory surgery centers (ASCs) as corporate divisions of the practice (i.e., not as separate corporate subsidiaries or affiliate entities)....
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