OIG Continues to Permit Certain Arrangements Providing Free or Discounted Transportation and Lodging to Patients

Houston Medical Times April 2016

Charles C. Dunham, IV, an Associate in the Health Care and Life Sciences practice, in the firm’s Houston and New York offices, authored an article in the Houston Medical Times titled “OIG Continues to Permit Certain Arrangements Providing Free or Discounted Transportation and Lodging to Patients.”

Following is an excerpt (see below to download the full article in PDF format):

The Office of Inspector General (“OIG”) of the U.S. Department of Health and Human Services recently issued Advisory Opinion 16-02, which opined in favor of an arrangement proposed by a state academic medical center (the “Requestor”) to provide transportation and short-term lodging aid to patients treating at a remote clinic location and experiencing high-risk pregnancies (the “Arrangement”). The OIG concluded that, although the Arrangement could potentially generate prohibited remuneration under the federal Anti-Kickback Statute (“AKS”) and Civil Monetary Penalties Law (“CMPL”) with the requisite intent to induce or reward referrals, the OIG will exercise its discretion and not impose sanctions upon Requestor.

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