decisionhealth Newsletters, Answer Books - 2009 Issue 3 (March)
Anti-Kickback Advisory Opinion Summaries / 2007 OIG Advisory Opinions / Opinion 07-13 - Optometrists Ownership of Single-Specialty Center Violates Anti-Kickback
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Article Overview
This premium article reviews an OIG advisory opinion from 2007 concerning a proposed ownership arrangement involving physicians, optometrists, a hospital, and an ambulatory surgery center. It explains the compliance issue in broad terms, focusing on the anti-kickback statute, referral relationships, and why the proposal was viewed as problematic. The article is useful for compliance staff, physicians, optometry practices, ASC administrators, and other healthcare business stakeholders who need to understand advisory opinion guidance and ownership-structure risk considerations.
Why This Topic Matters
Advisory opinions like this help healthcare organizations evaluate ownership and referral arrangements that may raise anti-kickback concerns before implementing them. The article is relevant to entities structuring ASC investments and to compliance teams assessing how referral relationships can affect fraud-and-abuse risk.
What You Will Learn
- What issue the OIG evaluated in the proposed ownership arrangement
- How referral relationships can affect anti-kickback compliance analysis
- Why ownership structure and investor participation matter in ASC arrangements
- What general types of safeguards are relevant to physician-owned ASC safe harbor discussions
Who Should Read This
- Compliance professionals
- Physicians
- Optometrists
- Ambulatory surgery center administrators
- Healthcare attorneys
- Revenue cycle and practice management staff
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