A proposal for an association of doctors to set up a network to advertise services and provide referrals would not incur prosecution under the Medicare anti-kickback statute, according to an advisory opinion of the Office of the Inspector General of HHS.
The OIG Advisory Opinion No. 09-16, requested by an unnamed association of chiropractors, is non-binding and cannot be applied to other arrangements, but organizations that closely follow the logic of the opinion can gain insight into OIG policies.
Explaining its favorable opinion on the plan, the OIG noted that the referral service would be open to any licensed chiropractor in the state and would not favor one doctor over another in assigning referrals.
Read the OIG advisory opinion (pdf).
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