OIG Changes the Payment Rules for Advisory Opinions April 14, 2008
Advisory opinions on how the Stark physician self-referral ban or its numerous exceptions apply to a business deal are handled separately by the Centers for Medicare & Medicaid Services.
If you want advice from the HHS Office of Inspector General about kickback and other legal risks to your current or proposed business arrangement, you no longer must put down a $250 deposit. Instead, you will pay the costs of preparing an advisory opinion in one lump sum directly to the U.S. Treasury via electronic funds transferÐÐchecks and money orders will no longer be accepted. Once the OIG gets confirmation of payment in full, you will get the opinion.
The OIG announced the changes in an interim final rule in the March 26 Federal Register, with an effective date of Apr. 25 (though the OIG said it is “implementing the changes immediately”).
An advisory opinion is a legal opinion by the OIG to one or more requesting parties about how the OIG’s fraud and abuse authorities apply to an existing or proposed business arrangement. It is legally binding only on the U.S. Department of Health & Human Services and the party requesting it. Any other person or entity cannot rely on it. Most requests are for advice about anti-kickback law or the safe harbor regulations, though the OIG may also advise on its exclusion authorities, as well as civil money and criminal penalties.
April 14, 2008 - Table of Contents
Archives