Physicians pass kickback test
A joint venture between a radiology group and a hospital system to establish a new outpatient radiology imaging center does not violate Medicare’s anti-kickback statute, according to the Health and Human Services Office of Inspector General (OIG) fifth advisory opinion.
OIG Chief Counsel D. McCarty Thornton stated that while the proposed arrangement did not fit into any existing safe harbors, it did not constitute a violation of Medicare’s anti-kickback statute because the hospital system would implement a policy stating that employed physicians would not make referrals to the new center, and that the imaging center could not accept referrals from the employed physicians.
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