Often we have clients who have been approached by persons or entities that request they participate in an “arrangement” in order to maximize business. Sometimes this comes in the form of marketing services, medical services, sales of a service, or equipment for testing, but it can include any business model. When any part of the transaction includes the arrangement of health care, the anti-kickback statute is implicated.
If you are contemplating such an arrangement, the Health and Human Services Department Office of Inspector General will accept a written description of the arrangement. As well, they will provide a review to the proposed plan as it relates to the anti-kickback statute. The OIG will explain whether or not the arrangement will be seen as a violation by the OIG, or whether it will be considered compliant. A letter from OIG advising of a compliant arrangement is security that it does not violate the anti-kickback statute.
If the arrangement is changed or altered any from the description given to the OIG, the letter of protection will not cover such an alteration, and a new request for review must be made. Our firm has submitted arrangements to the OIG for such an opinion, known as an advisory opinion. The opinion covers only the requestor, but the opinions are redacted and published as guidance to others.
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