OIG Releases Five New Advisory Opinions
 
June 20, 2002
 
Michael M. Gaba- Washington

The Department of Health and Human Services Office of Inspector General (OIG) has released  five new advisory opinions on the Federal Medicare/Medicaid Anti-Kickback statute.  These are the first five Advisory Opinions this year.

Advisory Opinion No. 02-1 concerns a non-profit, tax-exempt, charitable corporation funded largely by drug companies that would provide financial assistance to subsidize, in whole or in part, the Part B cost-sharing amounts and Medigap premiums of financially needy Medicare beneficiaries suffering from relatively rare chronic diseases.

Advisory Opinion No. 02-2 concerns an ambulance restocking program that will satisfy the criteria for a "general replenishing" arrangement within the terms of the recently issued ambulance restocking safe harbor.

Advisory Opinion No. 02-3 concerns an ambulance restocking program that will satisfy the criteria for a "general replenishing" arrangement within the terms of the recently issued ambulance restocking safe harbor.) (this is identical to the previous Opinion)

Advisory Opinion No. 02-4 concerns a durable medical equipment company's proposal to place its portable oxygen systems onsite at certain local hospitals, clinics, and physician offices for distribution to certain departing patients.

Advisory Opinion No.02-5 concerns whether the proposed reorganization of an existing radiation oncology group practice would violate the administrative authorities related to the anti-kickback statute.

 The full text of the opinions may be viewed online at http://oig.hhs.gov/fraud/advisoryopinions.html.