Publication
Health Law Checkup – November 2009
The Department of Health and Human Services Office of Inspector General (OIG) recently issued several advisory opinions that clear the way for certain ambulatory surgical center joint ventures and "gainsharing" arrangements between hospitals and physician groups. Although the OIG continues to note its longstanding concerns about arrangements between potential referral sources and those furnishing items or services payable by federal healthcare programs, OIG found the structure of the following arrangements posed a low risk of fraud and abuse. Therefore, the proposed ambulatory surgical center joint venture would not trigger sanctions under the federal anti-kickback statute and the proposed gainsharing arrangement would not trigger sanctions under either the anti-kickback statute or under Sections 1128A(b)(1) and (2) of the Social Security Act.
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Founded in 1938, Snell & Wilmer is a full-service business law firm with more than 500 attorneys practicing in 16 locations throughout the United States and in Mexico, including Los Angeles, Orange County and San Diego, California; Phoenix and Tucson, Arizona; Denver, Colorado; Washington, D.C.; Boise, Idaho; Las Vegas and Reno, Nevada; Albuquerque, New Mexico; Portland, Oregon; Dallas, Texas; Salt Lake City, Utah; Seattle, Washington; and Los Cabos, Mexico. The firm represents clients ranging from large, publicly traded corporations to small businesses, individuals and entrepreneurs. For more information, visit swlaw.com.
