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AO 97-04
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)].
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AO 97-03
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.
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AO 97-02
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.
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AO 97-01
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.
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