OIG Issues New Advisory Opinion Regarding Investment in Ambulatory Surgery Centers

Last week, OIG considered a proposed investment by a health system, a management company, and certain surgeons in an ambulatory surgery center (ASC). OIG advised that the proposed arrangement would generate prohibited remuneration under the federal Anti-Kickback Statute (AKS) if the requisite intent were present but determined it would not impose sanctions because the arrangement involved sufficiently low risk under the AKS......
By: King & Spalding

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