Browse Advisory Opinions

Concerning investments in a rural medical practice group by 23 physicians and podiatrists.

Concerning a proposal for a county, which provides emergency medical services (EMS) transportation through its fire department, to treat revenue received from taxes as payment of otherwise applicable cost-sharing amounts owed by bona fide county residents for EMS transportation to hospitals.

Concerning certain part-time physician employment arrangements.

Concerning a multiple-year arrangement in which a hospital has agreed to share, with cardiology groups and a radiology group, a percentage of the hospital's cost savings arising from the physicians' implementation of cost reduction measures in certain cardiac catheterization procedures.

Concerning a proposal whereby two suppliers of durable medical equipment, prosthetics, orthotics and supplies will (i) place inventory in consignment closets on-site at certain hospitals and (ii) have licensed personnel on-call or on-site at the hospitals to train and educate patients who have been prescribed respiratory equipment and have selected one of the companies as their supplier upon discharge to their homes.

Concerning an Internet advertiser's proposal to extend its "pay per call" or "pay per lead" advertising business to the chiropractic industry.

Concerning a proposal whereby a medical center providing emergency medical services transportation in a county would not bill bona fide county residents for applicable cost-sharing amounts, but would instead be paid such amounts by the county from a fund consisting of tax revenue derived from a special millage.

Concerning an existing multiple-year arrangement in which a hospital shares with groups of cardiologists a percentage of the hospital's cost savings arising from the cardiologists' implementation of a number of cost reduction measures in certain procedures.

Concerning a proposed arrangement by which a hospital would share with a physician-owned entity certain performance-based compensation available to the hospital under a quality and efficiency agreement with a private insurer.

Concerning the use of a “preferred hospital” network as part of a Medicare Supplemental Health Insurance (“Medigap”) policy.

Concerning a substance abuse treatment center's use of motivational incentives to reward a patient's achievement of certain treatment-related goals.

Concerning a proposed arrangement under which a newly formed legal entity would provide purely administrative insurance preauthorization processing and submission services for various radiology and imaging centers.

Concerning a proposal for a physician practice group to provide space, equipment and personnel to other physician practice groups through block leases.

Concerning an arrangement under which a medical center has agreed to share with groups of orthopedic surgeons and a group of neurosurgeons a percentage of the medical center's cost savings arising from the surgeons' implementation of a number of cost reduction measures in spine fusion surgical procedures.

Concerning an investment in an ambulatory surgery center by a group of surgeons and a health care corporation that owns hospitals.

Concerning a proposal for a health care system to provide $10 gift cards to patients whose service expectations were not met.

Concerning a laboratory's proposal to provide services consisting of the labeling of test tubes and specimen collection containers at no cost to dialysis facilities.

Concerning a pharmaceutical company's proposal to place in certain physicians' offices electronic kiosks that offer patients free disease state screening questionnaires.

Concerning a proposal to offer a free trial prescription program to hemophilia A patients who are Federal health care program beneficiaries.

Concerning a proposed arrangement by which a health care system would provide prompt pay discounts to Federal health care program beneficiaries and other insured patients in connection with both inpatient and outpatient care.