| Advisory
Opinions |
| 
|
|
|
| 2000
|
|
|
| 12/28/00 |
 |
Advisory
Opinion No. 00-11 PDF(regarding
approval of a charitable donation from a hospital to
a volunteer emergency medical services provider to pay
for new equipment and paramedic training...) |
| 12/28/00 |
|
Advisory
Opinion No. 00-10 PDF(regarding
a program designed by a drug manufacturer to promote
an expensive new drug used to prevent certain respiratory
infections in pediatric patients...) |
| 12/21/00 |
|
Advisory
Opinion No. 00-09 PDF(..whether
a hospital proposal to provide free restocking of medical
supplies and drugs for volunteer emergency medical services
would violate the anti-kickback statute..) |
| 12/12/00 |
|
Advisory
Opinion No. 00-8 PDF(concerning
whether a housing referral for the elderly would be
subject to sanctions arising under the anti-kickback
statute...) |
| 11/24/00 |
|
Advisory
Opinion No. 00-7 (regarding free transportation
services that a hospital offers to certain patients
who have been referred to the hospital for extended
courses of treatment involving...) |
| 10/06/00 |
|
Advisory
Opinion No. 00-6 (concerning proposed donation of
its ownership interest in a portion of a medical office
building to an agency of the State for use by the Medical
School...) |
| 07/07/00 |
|
Advisory
Opinion No. 00-5 (..whether waiving Medicare Part
A and Part B copayment and deductible obligations for
participants in a clinical study sponsored by the Health
Care Financing Administration and the National Heart,
Lung, and Blood Institute..) |
| 06/27/00 |
|
Advisory
Opinion No. 00-4 (..concerning a lifestyle modification
program for individuals with chronic disease that uses
physicians to monitor and evaluate the program's participants..) |
| 04/18/00 |
|
Advisory
Opinion No. 00-3 (..concerning an arrangement to
provide various services free of charge to patients
with terminal illnesses...) |
| 04/18/00 |
|
Advisory
Opinion No. 00-2 (..about a proposed cost-savings
program pursuant to which (the Hospital) would reward
its non-physician employees for submitting cost-savings
suggestions..) |
| 03/16/00 |
|
Advisory
Opinion No. 00-1 (..concerning a consulting firm's
contractual payment arrangements for the performance
of auditing services to identify hospital undercharges
and overcharges associated with private payors..) |
|
| |
|
|
| 1999
|
|
|
| 01/06/00 |
|
Advisory
Opinion No. 99-14 (..regarding rural telemedicine
network arrangement implemented and operated pursuant
to Federal grants) |
| 12/07/99 |
|
Advisory
Opinion No. 99-13 (.. regarding certain arrangements
for discounted pathology services provided to physicians..) |
| 12/06/99 |
|
Advisory
Opinion No. 99-12 (..a proposed marketing
program involving the use of physician practices and
health care clinics to distribute coupons redeemable
by certain retailers (including grocery stores, pharmacies,
and internet companies) for discounts on items or services
that are not reimbursable by any Federal health care
program) |
| 11/01/99 |
|
Advisory
Opinion No. 99-11 (..concerning an arrangement sponsored
by Coalition A (the "Coalition") to provide
psychotherapy services at free or reduced prices using
residents from local teaching facilities as clinicians
(the "Arrangement" ) |
| 11/01/99 |
|
Advisory
Opinion No. 99-10 (..concerning a corporate sponsorship
program between Drug Company A ("Company A")
and Charity B ("Charity B") (the "Proposed
Arrangement"...) |
| 10/07/99 |
|
Advisory
Opinion No. 99-9 (..a proposed contractual arrangement
between a self-insured employer health plan and a single-specialty
managed care organization to provide managed podiatry
benefits for the employer's retirees ..) |
| 07/13/99 |
|
Advisory
Opinion No. 99-8 (...whether an arrangement to provide
for personal appearances by podiatrists to certain retail
stores constitutes grounds for sanctions under the anti-kickback
statute.) |
| 06/08/99 |
|
Advisory
Opinion No. 99-7 (...whether an across-the-board
waiver of any out-of-pocket beneficiary copayments for
medical services covered by the national Eye Care Project
constitutes grounds for the imposition of a sanction
under section 1128A(a)(5) of the Act.) |
| 04/14/99 |
|
Advisory
Opinion No. 99-6 (..whether the longstanding policy
of a hospital, specializing in pediatric oncology research,
of not billing its patients for any amounts associated
with their treatment, including copayment amounts..) |
| 04/08/99 |
|
Advisory
Opinion No. 99-5 (..whether an annual fee imposed
by city ordinance on ambulance companies wishing to
provide ambulance services in the city (the "Ambulance
Fee") constitutes prohibited remuneration under
the anti-kickback statute, section 1128B(b) of the Social
Security Act (the "Act"), and, if so, whether
the Ambulance Fee assessment constitutes grounds for
the imposition of sanctions..) |
| 04/08/99 |
|
Advisory
Opinion No. 99-4 (..whether a proposed agreement
(the "Proposed Agreement"), pursuant to which
Hospital District No.1 ("District One" or
the "Requestor") would locate a medical clinic
within the geographic boundaries of Hospital District
No. 2 ("District Two"), would constitute grounds
for sanctions under the anti-kickback statute, section
1128B(b) of the Social Security Act (the "Act"),
the exclusion authority for kickbacks..) |
| 03/23/99 |
|
Advisory
Opinion No. 99-3 (..whether a proposed pricing arrangement
for a package of therapeutic mattresses for SNF patients
to be marketed by a company, and certain commissioned
agents, would result in prohibited remuneration under
the anti-kickback statute...) |
| 03/04/99 |
|
Advisory
Opinion No. 99-2 (..whether certain arrangements
for discounted ambulance services provided to residents
of Medicare skilled nursing facilities would result
in prohibited remuneration and sanctions under the anti-kickback
statute.) |
| 01/27/99 |
|
Advisory
Opinion No. 99-1 (..whether the Arrangement constitutes
prohibited remuneration within the meaning of the anti-kickback
statute, section 1128B(b) of the Social Security Act
(the "Act"). |
|
| |
|
|
| 1998
|
|
|
| 12/21/98 |
|
Advisory
Opinion No. 98-19 (...whether an arrangement whereby
an independent physician association would acquire an
equity interest in a managed care organization would
constitute grounds for the imposition of sanctions under
the anti-kickback statute, section 1128B(b) of the Social
Security Act (the "Act"), the exclusion authority
for kickbacks...) |
| 12/03/98 |
|
Advisory
Opinion No. 98-18 (...whether an ophthalmologist's
proposed sublease to an optometrist of certain imaging
equipment (the "Sublease") would meet the
criteria of the equipment rental safe harbor, 42 C.F.R.
§ 1001.952(c)...) |
| 11/13/98 |
|
Advisory
Opinion No. 98-17 (...whether donations by Company
X ("Company X") to Organization A ("Organization
A") (an independent, 501(c)(3) charitable organization)
for the purpose of funding a program to pay for Supplementary
Medical Insurance ("Medicare Part B") or Medicare
Supplementary Health Insurance ("Medigap")
premiums for financially needy Medicare beneficiaries
with end-stage renal disease...) |
| 11/10/98 |
|
Advisory
Opinion No. 98-16 (...whether a proposed arrangement
under which [Name redacted] would assign an employee
pharmacist to work in designated hospital transplant
centers for the purpose of providing pharmacy-related
products and services (the "Proposed Arrangement")
would constitute prohibited remuneration under the anti-kickback
statute...) |
| 11/10/98 |
|
Advisory
Opinion No. 98-15 (...whether an arrangement for
contracted pharmacy services between University A and
Pharmacy Company B to facilitate an outpatient pharmacy
program for the University's hemophilia center pursuant
to section 340B of the Public Health Service Act (the
"Proposed Arrangement") would constitute grounds
for sanctions under the anti-kickback statute...) |
| 10/28/98 |
|
Advisory
Opinion No. 98-14 (...whether an existing pharmaceutical
restocking program (the "Drug Program") and
a proposed medical supplies restocking program (the
"Supply Program) (collectively, the "Arrangements")
constitute prohibited remuneration under the anti-kickback
statute, section 1128B(b) of the Social Security Act
(the "Act"),...) |
| 10/30/98 |
|
Advisory
Opinion No. 98-13 (...whether an ambulance restocking
program, coordinated through a local emergency medical
services council (the "Program"), constitutes
prohibited remuneration under the anti-kickback statute,
section 1128B(b) of the Social Security Act (the "Act"),
and, if so, whether the Program constitutes grounds
for the imposition of sanctions under the anti-kickback
statute,...) |
| 09/23/98 |
|
Advisory
Opinion No. 98-12 (...whether a proposed joint venture
among several orthopedic surgeons and anesthesiologists
specializing in pain management to establish an ambulatory
surgical center, as described in your request letter
and supplemental submissions (the "Proposed Arrangement"),
would generate prohibited remuneration...) |
| 09/21/98 |
|
Advisory
Opinion No. 98-11 (...whether a proposed purchasing
arrangement involving a trade association, its nursing
home members, and an electrical utility consultant (the
"Proposed Arrangement") constitutes prohibited
remuneration under the anti-kickback statute, section
1128B(b) of the Social Security Act (the "Act"),...) |
| 09/08/98 |
|
Advisory
Opinion No. 98-10 (... whether the payment of a
sales commission to an independent manufacturers' representative
(the "Arrangement") constitutes grounds for
sanctions under the anti-kickback statute, section 1128B(b)
of the Social Security Act (the "Act")...) |
| 07/13/98 |
|
Advisory
Opinion No. 98-9 (...whether a compensation arrangement
for registered nurses and certain other employees pursuant
to a collective bargaining agreement with the nurses’
union...) |
| 07/06/98 |
|
Advisory
Opinion No. 98-8 PDF
(...whether Company A ("Company A"), a wholly-owned
subsidiary of Company B ("Company B") (collectively
referred to as "Company AB") would be subject
to exclusion from Federal health care programs pursuant
to 42 U.S.C. § 1320a-7(b)...) |
| 06/11/98 |
|
Advisory
Opinion No. 98-7 PDF
(...whether an ambulance restocking and continuing
education arrangement (the "Arrangement")
constitutes prohibited remuneration under the anti-kickback
statute, section 1128B(b) of the Social Security Act
(the "Act")") |
| 04/24/98 |
|
Advisory
Opinion No. 98-6 PDF
(...whether waiving coinsurance obligations for participants
in a clinical study sponsored by the Health Care Financing
Administration and the National Heart, Lung, and Blood
Institute (the "Proposed Arrangement") |
| 04/24/98 |
|
Advisory
Opinion No. 98-5 PDF
(...which seeks our opinion regarding the "coordination
of benefits" ("COB") provisions of a
provider agreement between Nursing Home A (the "Nursing
Home") and a health care plan...) Please note that
a modification was made to Advisory Opinion No. 98-5
on August 24, 2001. The modification can be found in
the Advisory Opinions 2001 section. |
| 04/14/98 |
|
Advisory
Opinion No. 98-4 PDF
(...whether a proposed management services contract
between a medical practice management company and a
physician practice, which provides that the management
company will be reimbursed for its costs and paid a
percentage of net practice revenues...) |
| 04/14/98 |
|
Advisory
Opinion No. 98-3 PDF
(..whether a hospital system’s provision of an ambulance
to a municipal fire department as described in your
request..) |
| 04/08/98 |
|
Advisory
Opinion No. 98-2 PDF
(..certain pharmaceutical discount pricing arrangements
that are limited to arrangements between a manufacturer
and wholesalers (the "Proposed Arrangement")
will subject you to sanction under the anti-kickback
statute..) |
| 03/19/98 |
|
Advisory
Opinion No. 98-1 PDF
(..whether a contractual arrangement for distribution
and billing services between Company A and Company B
(the AArrangement@) constitutes grounds for sanction
under the anti-kickback statute,..) |
|
| |
|
|
| 1997
|
|
|
| 10/20/97 |
|
Advisory
Opinion No. 97-6 PDF
(...asks whether a proposed arrangement for restocking
ambulance supplies and medications (the AProposed Arrangement@)
would constitute illegal remuneration as defined in
the anti-kickback statute, 42 U.S.C. ' 1320a-7b(b). |
| 10/15/97 |
|
Advisory
Opinion No. 97-5 PDF
(...asks whether an outpatient radiology imaging center
joint venture owned by a medical group specializing
in radiology and a hospital care provider (i) generates
prohibited remuneration within the meaning of the anti-kickback
statute, Section 1128B of the Social Security Act (AAct@);
(ii) constitutes grounds for the imposition of an exclusion
under Section 1128(b)(7) of the Act (as it applies to
kickbacks); (iii) constitutes grounds for criminal sanctions
under Section 1128B(b) of the Act; and/or (iv) satisfies
the criteria set out in Section 1128B(b)(3) of the Act
or associated regulations, 42 C.F.R. ' 1001.952. |
| 10/02/97 |
|
Advisory
Opinion No. 97-4 PDF
(...asks whether declining to pursue collection of copayments
from certain patients who have employer-sponsored Medicare
complementary coverage constitutes grounds for imposition
of sanctions under Section 231(h) of the Health Insurance
Portability and Accountability Act (“HIPAA”) [42 U.S.C.
§ 1320a-7a(a)(5)] or under Sections 1128B(b) (the anti-kickback
statute) or 1128A(7) (relating to payment of kickbacks)
of the Social Security Act [42 U.S.C. §§ 1320a-7b(b)
and 1320a-7(b)(7)].
|
| 08/22/97 |
|
Advisory
Opinion No. 97-3 PDF
(...asks whether Mrs. P's transfer of assets to her
nephew, Mr. S, and subsequent application for Medicaid
benefits, subjects her to sanction under 42 U.S.C. 1320a-7b(a)(6),
which prohibits certain dispositions of assets for the
purpose of qualifying for Medicaid.) |
| 07/28/97 |
|
Advisory
Opinion No. 97-2 PDF
(...asks whether a state-funded program that pays for
insurance premiums for financially needy Medicare beneficiaries
with end-stage renal disease would constitute grounds
for the imposition of a civil monetary penalty under
Section 231(h) of the Health Insurance Portability and
Accountability Act of 1996) |
| 06/11/97 |
|
Advisory
Opinion No. 97-1 PDF
(...it is permissible for a charitable organization
partly funded by kidney dialysis providers to pay Medicare
Part B, Medigap and other health insurance premiums
for end-stage renal disease patients who are financially
needy) |
|
