Advisory Opinions

Recent Activity

• AO 26-17 was posted on Aug. 21, 2026

  Favorable opinion regarding a proposed arrangement whereby a non-profit, tax-exempt charitable organization would provide certain patient assistance.

• AO 26-16 was posted on July 14, 2026

  Favorable opinion regarding a federally qualified health center’s provision of produce boxes and produce vouchers to a group of patients who have been diagnosed with certain health conditions.

• AO 26-15 was posted on June 30, 2026

  Unfavorable opinion requested regarding a home health agency’s payment of remuneration to a vendor for the use of an online referral management software.

• AO 26-14 was posted on June 14, 2026

  Favorable opinion regarding a program operated by a pharmaceutical manufacturer to sponsor antibody testing for eligible patients to determine whether it may be appropriate to prescribe a certain drug manufactured by the pharmaceutical manufacturer.

• AO 26-13 was posted on June 8, 2026

  Favorable opinion regarding an arrangement pursuant to which a pharmaceutical manufacturer provides free eye drops to mitigate ocular toxicity for patients using one of its products.

• AO 21-19 was terminated on June 8, 2026

  See Advisory Opinion 26-13 which reflects the Current Arrangement.

• AO 26-12 was posted on May 27, 2026

  Favorable opinion regarding an orthopedic surgery provider’s proposed warranty program pursuant to which the orthopedic surgery provider would refund certain concierge fees to patients who require revision surgery within 2 years of an initial surgery.

• AO 26-11 was posted on May 19, 2026

  Favorable opinion regarding an arrangement pursuant to which a precision oncology company provides consenting patients a supplemental report at no cost in connection with a cancer screening test.

• AO 26-10 was posted on May 17, 2026

  Unfavorable opinion regarding a proposed arrangement whereby an orthopedic medical technology company would enter into agreements with individuals—often physicians—who would provide consulting services for its product lines.

• AO 26-09 was posted on April 30, 2026

  Favorable opinion regarding a pediatric dental and orthodontic services provider’s proposal to provide free, comprehensive orthodontic treatment to one of its existing patients per year.

• AO 26-08 was posted on April 30, 2026

  Favorable opinion regarding a proposal to enter into certain lease arrangements to create a centralized location for providing a range of items and services to patients with hearing loss who may be candidates for cochlear implants.

• AO 26-07 was posted on April 16, 2026

  Favorable opinion regarding a proposal by an entity and its Medicare Advantage subsidiaries that offer Employer Group Waiver Plans to share a percentage of their savings with certain groups to which they provide coverage, in certain circumstances.

• AO 26-06 was posted on April 9, 2026

  Favorable opinion regarding a State-designated domestic crisis provider’s proposal to bill Federal health care programs for therapy services furnished by Requestor’s employed mental health professionals and to waive any cost sharing for such services.

• AO 26-05 was posted on March 15, 2026

  Favorable opinion regarding a proposal to subsidize certain cost-sharing obligations in the context of a clinical trial.

• AO 26-04 was posted on March 8, 2026

  Favorable opinion regarding the transfer of ownership interests by the sole shareholder of a Medicare certified ambulatory surgical center in anticipation of his retirement from medical practice.

• AO 26-03 was posted on March 8, 2026

  Favorable opinion regarding a medical technology manufacturer and distributor’s proposal to offer to certain ambulatory surgery centers a discount on intraocular lenses and other surgical supplies used to perform cataract surgery, contingent on affiliated physician practices purchasing its software product.