OIG Advisory Opinion Cautions Against Percentage Fee Arrangements and Marketing Services, Takes Expansive View of Marketing

The Department of Health and Human Services, Office of Inspector General (OIG) recently issued Advisory Opinion 11-17 (issued November 16, 2011, posted November 23, 2011) in response to a request by a company (the Requestor) that proposed to provide allergy testing and immunotherapy management services to primary care physicians (the Physicians). The OIG ultimately determined that the arrangement could potentially pose a substantial risk of violating the Anti-kickback Statute, subject to the requisite finding of intent.

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