OIG Issues Favorable Advisory Opinion For Hospital/Physician ASC Joint Venture

In a recent advisory opinion, the Office of Inspector General (“OIG”) of the U.S. Department of Health and Human Services (“HHS”) concluded that an investment by a health system, a management company, and surgeons in an ambulatory surgery center (“ASC”) did not create a substantial risk of fraud and abuse under the federal Anti-Kickback Statute (“AKS”) despite not meeting each of the criteria for protection in the AKS safe harbor for ASCs....
By: Saul Ewing Arnstein & Lehr LLP

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