Medicare Compliance & Reimbursement

What to expect if you want an OIG stamp of approval on your business needs.  The anti-kickback law is so complicated that even your good faith efforts to craft compliant business arrangements could land you in legal hot water. And if you're in a kickback gray area, the only way to know for sure that you're safe from penalties is to secure a favorable advisory opinion from the HHS Office of Inspector General. The OIG made what to expect from the advisory opinion process a little bit clearer in a Frequently Asked Questions document posted to its Web page Oct. 20. In the FAQ, the watchdog agency outlines what are - and aren't - appropriate topics for advisory opinions, what kind of information you'll be asked to hand over, how long the process will take and what sort of fees and costs are involved. The agency also notes that while identifying information is removed when advisory opinions are made public, material submitted in connection with an advisory opinion request may be subject to the Freedom on Information Act. To see the FAQ, go to http://oig.hhs.gov/fraud/advisoryopinions/aofaq.html. Lesson Learned: Securing an advisory opinion is the safest route to take if a potential business plan could fall into and anti-kickback gray area.