Recent Advisory Opinions
11/07/05
Advisory
Opinion 05-12 PDF (concerning a proposal to enter into a joint
venture to establish a day treatment facility to provide psychiatric
services to pediatric patients)
08/16/05
Advisory
Opinion 05-11 PDF (concerning a hospital’s proposed
donation of a medical office building to a state-affiliated medical
school that will use the building to relocate the school’s
existing family medicine clinic)
06/16/05
Advisory
Opinion 05-10 PDF (concerning a proposal by a municipal corporation
that provides emergency medical services (EMS) through its fire
department to treat revenue received from certain local taxes
as payment of otherwise applicable cost-sharing amounts due from
residents and nonresident taxpayers who receive EMS within the
municipality)
06/13/05
Advisory
Opinion 05-09 PDF (concerning a proposal by a municipality,
which provides emergency medical services (“EMS”)
through its fire department, to treat revenue received from local
taxes as payment of otherwise applicable cost-sharing amounts
due from residents of one of its service areas)
06/13/05
Advisory
Opinion 05-08 PDF (concerning a laboratory’s proposal
to provide free blood collection supplies to physicians and pay
those physicians for the collection of blood samples)
02/25/05
Advisory
Opinion 05-07 PDF(concerning an exclusive contract for ambulance
services between a municipality and ambulance company that provides
for an in-kind exchange of dispatch services and billing services
between the parties)
02/25/05
Advisory
Opinion 05-06 PDF(concerning a proposed arrangement in which
a hospital will share with a group of cardiac surgeons a percentage
of the hospital’s cost savings arising from the surgeons’
implementation of a number of cost reduction measures in certain
surgical procedures)
02/25/05
Advisory
Opinion 05-05 PDF(concerning a proposed arrangement in which
a hospital will share with a group of cardiologists a percentage
of the hospital’s cost savings arising from the cardiologists’
implementation of a number of cost reduction measures in certain
procedures)
02/17/05
Advisory
Opinion 05-04 PDF (concerning a proposed arrangement in which
a hospital will share with each of eight cardiology groups a percentage
of the hospital’s cost savings arising from the cardiology
group’s implementation of a number of cost reduction measures
in certain cardiac catheterization laboratory procedures)
02/17/05
Advisory
Opinion 05-03 PDF (concerning a proposed arrangement in which
a hospital will share with a group of cardiac surgeons a percentage
of the hospital’s cost savings arising from the surgeons’
implementation of a number of cost reduction measures in certain
surgical procedures )
02/17/05
Advisory
Opinion 05-02 PDF (concerning a proposed arrangement in which
a hospital will share with five cardiology groups a percentage
of the hospital’s cost savings arising from the cardiologists’
implementation of a number of cost reduction measures in certain
cardiac catheterization laboratory procedures)
02/03/05
Advisory
Opinion 05-01 PDF (concerning a proposed arrangement in which
a hospital will share with a group of cardiac surgeons a percentage
of the hospital's cost savings arising from the surgeons' implementation
of a number of cost reduction measures in certain surgical procedures)
01/06/05
Advisory
Opinion 04-19 PDF (concerning a malpractice insurance subsidy
arrangement between a hospital and two neurosurgeons)
12/29/04
Advisory
Opinion 04-18 PDF (concerning a series of cash donations to
a nonprofit hospice from a charitable foundation affiliated with
a health system)
12/17/04
Advisory
Opinion 04-17 PDF (concerning a proposed contractual joint
venture arrangement for the provision of pathology services)
11/24/04
Advisory
Opinion 04-16 PDF (concerning a proposal to provide laboratory
employees and related equipment and supplies at no cost to dialysis
facilities for the purpose of preparing specimens for delivery
to the laboratory)
11/05/04
Advisory
Opinion 04-15 PDF (concerning grants provided by a nonprofit,
charitable organization to financially-needy patients suffering
from specific chronic or life-threatening diseases to defray the
costs of prescription drug therapies)
11/04/04
Advisory
Opinion 04-14 PDF (concerning a proposal to treat revenue
received from local taxes as payment of otherwise applicable cost-sharing
amounts owed for emergency ambulance services furnished by a city)
10/12/04
Advisory
Opinion 04-13 PDF (concerning a municipal corporation that
owns and operates an ambulance service and that proposes to treat
revenue received from local real estate taxes as payment of otherwise
applicable cost-sharing amounts due from residents)
09/28/04
Advisory
Opinion 04-12 PDF (concerning a municipality that owns and
operates an ambulance service and that proposes to treat revenue
received from local income taxes as payment of otherwise applicable
cost-sharing amounts due from taxpayers who receive ambulance
services within the municipality)
09/09/04
Advisory
Opinion 04-11 PDF (concerning a proposed arrangement to subsidize
malpractice insurance expenses for four community-based obstetricians)
08/11/04
Advisory
Opinion 04-10 PDF (concerning a county's proposal to enter
into an exclusive arrangement for emergency ambulance services,
with payment by the second responder to the first responder for
the first responder's services)
07/22/04
Advisory
Opinion 04-09 PDF (concerning a geriatric group practice’s
proposal to employ certain primary care physicians to serve as
consultants in connection with the group’s nursing home
patients)
06/30/04
Advisory
Opinion 04-08 PDF (concerning a proposal by a physician group
practice to develop and own a comprehensive physical therapy center
and to lease the center’s space, equipment, and personnel
to physicians with patients requiring physical therapy services)
06/24/04
Advisory
Opinion 04-07 PDF (concerning a health system’s provision
of professional consultative services to low-income schoolchildren
in predominantly rural areas through a sponsored telemedicine
network
06/14/04
Advisory
Opinion 04-06 PDF (concerning a municipal corporation that
is proposing to reduce its fees for ambulance services for residents
by an amount consistent with their cost-sharing obligations)
06/09/04
Advisory
Opinion 04-05 PDF (concerning participation as a volunteer
pathology laboratory for a charitable foundation’s medical
assistance program for low-income, uninsured patients)
06/02/04
Advisory
Opinion 04-04 PDF (concerning a proposed program to provide
free vision screening tests for infants)
06/01/04
Advisory
Opinion 04-03 PDF (concerning a marketing company’s
arrangement to design, develop, and implement physician surveys
conducted on behalf of pharmaceutical firms)
03/08/04
Advisory
Opinion 04-02 PDF (concerning a proposal by a political subdivision
of a municipality that owns and operates an ambulance service
to treat revenue received from a special utility assessment as
payment of otherwise applicable cost-sharing amounts due from
residents)
02/09/04
Advisory
Opinion 04-01 PDF(concerning the waiver of Part B cost-sharing
obligations for equipment and supplies used by Medicare beneficiaries
to monitor blood glucose levels in a clinical trial sponsored
by the National Institutes of Health)
12/18/03
Advisory
Opinion 03-15 PDF (concerning a proposal to reintegrate a
medical group and a hospital that were originally a single entity
and whether the proposed arrangement would violate the anti-kickback
statute)
07/03/03
Advisory
Opinion 03-14 PDF (concerning an arrangement between a hospital
and an ambulance company providing emergency air ambulance services
to trauma victims in a rural setting, and whether the provision
of free helipad and crew resting quarters would violate the anti-kickback
statute)
06/23/03
Advisory
Opinion 03-13 PDF (concerning whether a joint venture ownership
of a freestanding magnetic resonance imaging center in a rural
area could potentially violate the anti-kickback statute)
05/29/03
Advisory
Opinion 03-12 PDF (concerning a proposed joint venture between
a medical center and a radiology group to own and operate an outpatient
open magnetic resonance imaging facility)
05/28/03
Advisory
Opinion 03-11 PDF (concerning an ambulance company's proposed
arrangement to collect a fixed annual subscription fee in lieu
of Medicare Part B cost-sharing amounts from its members)
05/15/03
Advisory
Opinion 03-10 PDF (concerning a proposed arrangement by which
a Medigap plan would indirectly contract with hospitals for discounts
on the otherwise applicable Medicare inpatient deductibles for
its policyholders and would also, at the time of the next policy
renewal, reduce the premium for policyholders utilizing a network
hospital for an inpatient stay)
04/25/03
Advisory
Opinion 03-9 PDF (concerning a proposed arrangement by which
a municipal corporation that owns and operates an ambulance service
would treat revenue received from local real estate taxes as payment
as applicable copayments/deductibles due from residents)
04/10/03
Advisory
Opinion 03-8 PDF (concerning a proposed arrangement that would
involve a company developing and managing distinct part inpatient
rehabilitation units located within general acute care hospitals
in exchange for a management fee calculated on a per patient per
day basis)
03/26/03
Advisory
Opinion 03-7 PDF (concerning a proposed arrangement under
which a renal dialysis facility would provide acute hemodialysis
services to a hospital district's inpatients, provide outpatient
chronic hemodialysis services to some of the hospital district's
indigent patients, and purchase certain hemodialysis equipment
from the hospital district)
03/26/03
Advisory
Opinion 03-6 PDF (concerning an arrangement involving a medical
center providing physician services to a county-owned women's
health clinic for an annual below fair-market value fee, along
with inpatient hospital services for the county clinic's primarily
indigent and low-income, self-paying patients at no charge)
02/13/03
Advisory
Opinion 03-5 PDF (concerning a proposed ambulatory surgical
center (ASC) arrangement that would be jointly owned by a hospital
and a multi-specialty group practice with a substantial number
of physician members who would not personally use the ASC.)
02/12/03
Advisory
Opinion 03-4 PDF (concerning a proposed program by a provider
of home health care services to provide free medical-alert pagers
and pager monitoring service to homebound patients during the
period such patients are receiving the company's home health services)
02/12/03
Advisory
Opinion 03-3 PDF (concerning a proposed modification to a
drug company's patient assistance program to pay Medicare Part
B cost-sharing amounts for financially needy beneficiaries following
surgery)
01/21/03
Advisory
Opinion 03-2 PDF (concerning a medical center's proposed acquisition
of an ownership interest in an established single-specialty [orthopedic]
ambulatory surgery center, together with the execution of a series
of related ancillary contracts.)
01/21/03
Advisory
Opinion 03-1 PDF (concerning the potential for the imposition
of sanctions against a company which has made a good faith offer
of employment to an excluded individual.)
01/03/03
Advisory
Opinion 02-16 PDF (concerning the waiver of Part B cost-sharing
obligations for equipment and supplies used by Medicare beneficiaries
to monitor blood glucose levels in a clinical trial sponsored
by the National Institutes of Health)