tci Part B Insider - 2003 Issue 11

Physician Notes:Radiologist-Hospital JV Clears Anti-Kickback Hurdles

The fact that radiologists don't typically order the tests they perform allowed an otherwise potentially risky business deal between a medical group and a  hospital to win the HHS Office of Inspector General's blessing.In its latest advisory opinion (No. 03-12), the OIG says a hospital-radiology group joint venture to operate an open magnetic resonance imaging facility won't be subject to kickback enforcement, despite the fact that it doesn't meet the watchdog agency's small entity investment safe harbor requirements.The deal - under which a medical center and the six-person physician practice would own 51 percent and 49 percent...

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