Browse Advisory Opinions

Concerning a proposal to reintegrate a medical group and a hospital that were originally a single entity and whether the proposed arrangement would violate the anti-kickback statute.

Concerning an arrangement between a hospital and an ambulance company providing emergency air ambulance services to trauma victims in a rural setting, and whether the provision of free helipad and crew resting quarters would violate the anti-kickback statute.

Concerning whether a joint venture ownership of a freestanding magnetic resonance imaging center in a rural area could potentially violate the anti-kickback statute.

Concerning whether a proposed arrangement involving financial assistance by a non-profit foundation, which a pharmaceutical company proposes to establish and fund in order to subsidize cost-sharing amounts incurred by financially needy patients using its drug, would violate the administrative authorities related to the anti-kickback statute.

Concerning whether a State-chartered hospital authority, which owns and operates a large teaching hospital, can make substantial charitable contributions to an endowment fund affiliated with the university in order to support and promote education and research at the university's school of medicine through developing a clinical cardiology services program, and whether this grant would violate the administrative authorities related to the anti-kickback statute.

Concerning whether the offering of discounts to customers, based on their purchases of dialysis equipment and supplies - some of which 05/be reimbursed under different Medicare part B methodologies - would violate the administrative authorities related to the anti-kickback statute.

Concerning whether a proposed single-specialty ambulatory surgical center that would be wholly-owned by a physician would violate the administrative authorities related to the anti-kickback statute.

Concerning whether the proposed reorganization of an existing radiation oncology group practice would violate the administrative authorities related to the anti-kickback statute.

Whether a hospital proposal to provide free restocking of medical supplies and drugs for volunteer emergency medical services would violate the anti-kickback statute.

Concerning whether a housing referral for the elderly would be subject to sanctions arising under the anti-kickback statute.

Whether an arrangement to provide for personal appearances by podiatrists to certain retail stores constitutes grounds for sanctions under the anti-kickback statute.

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.

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.

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.

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.

Whether the Arrangement constitutes prohibited remuneration within the meaning of the anti-kickback statute, section 1128B(b) of the Social Security Act (the "Act").

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.

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.

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.

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.