Browse Advisory Opinions

Concerning a network of pediatric charity hospitals plan to: (1) begin billing third-party payers, including Federal health care programs, for services rendered, and waive all cost-sharing amounts without regard to patients' financial need; (2) adopt a new financial need-based policy of providing lodging assistance, in limited circumstances, to patients, including Federal health care program beneficiaries, and their families; and (3) adopt a new financial need-based policy of providing transportation assistance, in limited circumstances, to patients, including Federal health care program beneficiaries, and their families.

Concerning a proposed arrangement between a sleep testing provider and a hospital to provide certain sleep testing equipment and services, including marketing services, for a hospital-owned sleep testing facility.

Regarding an arrangement between a sleep testing provider and a hospital to provide certain sleep testing equipment and services, including marketing services, for a hospital-owned sleep testing facility.

Concerning a proposed arrangement for a non-profit charitable organization to receive donations of cash and durable medical equipment ("DME") from pharmaceutical manufacturers, DME suppliers and others, to provide funding grants and DME to entities that serve individuals suffering from coagulation disorders, and to provide DME directly to certain financially needy individuals.

Concerning two potential donations to support programs that provide services to children and families, which were included as part of a private settlement of an administrative dispute.

Concerning a joint venture between two components of an academic medical center to build and own an ambulatory care center on a 50-50 basis.

Concerning an arrangement between a sleep testing provider and a hospital to provide certain sleep testing equipment and services for a hospital-owned sleep testing facility.

Concerning a hospital's proposal to provide insurance pre-authorization services free of charge to patients and physicians.

Concerning a state and county health services district's proposal to transfer funds to the county in which it operates a hospital to support construction of a new communications and emergency operations center.

Concerning two affiliated corporate entities that each own and operate a freestanding radiation oncology center proposing to provide the services of a dietitian and social worker at no additional charge to each center's Medicare cancer patients as part of the patients' treatment.

Concerning a proposed rewards program for referrals of prospective residents to the requestor's continuing care retirement communities by current residents and employees.

Concerning a proposal by several imaging providers to offer free insurance pre-authorization services to patients and physicians.

Concerning a joint venture to provide EMS and scheduled ambulance transportation services.

Concerning an exclusive contract for ambulance transport services between a municipality and an ambulance company that provides reimbursement to the city for the costs of providing emergency dispatch services and for monitoring the quality of the emergency ambulance operation.

Concerning an exclusive contract for ambulance transport services between a township and an ambulance company that provides for reimbursement to the township for the costs of providing emergency dispatch services.

Concerning an existing arrangement in which a hospital has agreed to share with a cardiology group, a vascular surgical group, and an interventional radiology group a percentage of the hospital's cost savings arising from the physicians' implementation of a number of cost-reduction measures in certain cardiac catheterization procedures.

Regarding a proposal to waive cost-sharing obligations for protocol-required clinical services and oxygen therapy provided to Medicare beneficiaries who participate in the Long-term Oxygen Treatment Trial sponsored by the National Heart, Lung, and Blood Institute and the Centers for Medicare and Medicaid Services.

Concerning a nonprofit, tax-exempt, charitable organization's arrangement to provide financial assistance with cost-sharing obligations associated with certain advanced diagnostic testing owed by financially needy patients, including Medicare and Medicaid beneficiaries.

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.