decisionhealth Newsletters, Answer Books - 2009 Issue 3 (March)
Anti-Kickback Advisory Opinion Summaries / 1998 OIG Advisory Opinions / Opinion 98-10 - Percentage Compensation by Manufacturer to Sales Agent is Okay
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Article Overview
This summary covers a 1998 OIG advisory opinion involving percentage-based compensation in a sales arrangement for disposable medical supplies. It is useful for compliance, reimbursement, fraud-and-abuse, and healthcare contracting audiences who need a high-level understanding of how OIG evaluated the presence or absence of anti-kickback risk factors in a commercial sales relationship.
Why This Topic Matters
Healthcare organizations, manufacturers, and sales intermediaries can use this type of OIG guidance to understand how compensation structure and related relationship factors may affect fraud-and-abuse scrutiny. The article helps readers assess whether a proposed arrangement falls into a category that warrants closer legal and compliance review.
What You Will Learn
- The general compliance context for an OIG anti-kickback advisory opinion
- How the article frames percentage-based sales compensation in a healthcare supply arrangement
- Which broad relationship and marketing factors the OIG considered in its evaluation
- Why the presence or absence of surrounding deal structures matters in advisory opinion analysis
Who Should Read This
- Healthcare compliance professionals
- Medical device and supply manufacturers
- Sales agents and distributors
- Healthcare attorneys
- Revenue integrity and fraud-and-abuse analysts
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