General Surgery Coding Alert - 2008 Issue 18
ANTI-KICKBACK STATUTE: Labs Offering Favors at No Charge May Violate Anti-Kickback Rules
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Article Overview
This article covers a recent OIG advisory opinion involving a laboratory and dialysis facilities, focused on whether no-charge services could be viewed as prohibited remuneration under the anti-kickback statute. It is relevant to compliance, health care legal, and laboratory billing audiences who need to understand how advisory opinions address relationships between providers and potential referral sources. The discussion centers on the general compliance implications of offering non-cash services in a referral context and why the OIG viewed the arrangement as potentially problematic.
Why This Topic Matters
Health care organizations and compliance teams use OIG advisory opinions to assess business arrangements that may create fraud-and-abuse risk. This article highlights how seemingly minor free services can trigger scrutiny when tied to referral relationships.
Article Sections
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Advisory opinion overview
Introduces the OIG advisory opinion and the arrangement under review between a laboratory and dialysis facilities.
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Anti-kickback analysis
Summarizes the compliance concerns discussed in connection with the federal anti-kickback statute and OIG enforcement authority.
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Industry commentary
Presents brief observations from legal commentators on how such arrangements may be viewed in practice.
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OIG interpretation and implications
Describes the broader compliance significance of the advisory opinion and its potential impact on provider relationships.
What You Will Learn
- How an OIG advisory opinion can shape compliance review of provider relationships
- Why non-cash services may draw anti-kickback scrutiny
- How legal commentary frames the risk in laboratory and dialysis facility arrangements
- What general issues the OIG considers when evaluating possible inducements
Who Should Read This
- Health care compliance professionals
- Laboratory administrators
- Billing and reimbursement staff
- Health care attorneys
- Dialysis facility managers
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