Advisory Opinions

Recent Activity

• AO 26-12 was posted on May 28, 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 20, 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 18, 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 May 1, 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 May 1, 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 17, 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 10, 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 16, 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 9, 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 9, 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.

• AO 26-02 was posted on February 18, 2026

  Favorable opinion regarding a proposal from an entity that manages urgent care centers to operate a laboratory that would provide services to patients of the urgent care centers it manages.

• AO 26-01 was posted on January 16, 2026

  Favorable opinion regarding a proposal by a manufacturer of a clinical laboratory test for colorectal cancer screening to waive any applicable cost sharing for certain commercially insured patients who receive its colorectal cancer screening test.

• AO 25-12 was posted on January 5, 2026

  Unfavorable opinion regarding a proposal for a home care agency to market sign-on bonuses to prospective employees with the intention of employing those individuals for the provision of services to other individuals, who most often would be family members of the prospective employees.

• AO 25-11 was posted on December 18, 2025

  Favorable opinion regarding certain discount structures that that a pharmaceutical manufacturer offers on particular vaccines.