Fraud, Abuse & the OIG:
A Look Back — A Look Ahead Audio CD
Recorded January
20, 2005
Faculty: Henry
Casale & Phil
Zarone
It's been a busy time
with respect to Advisory Opinions from the Office of Inspector
General:
- On January 6, 2005, OIG posted
an advisory opinion addressing malpractice insurance subsidies.
The legal effect of these subsidies has been, to quote
Winston Churchill, "a
riddle wrapped in a mystery inside an enigma." Does
this opinion, along with one issued in September 2004, help
to unravel the mystery, or must hospitals await further guidance
from OIG and CMS?
- On December 29, 2004, OIG posted an advisory
opinion addressing a health system's charitable donations
to a nonprofit hospice, adding to a series of similar opinions
issued throughout 2004. Most hospitals have recently taken
a renewed interest in their charity care programs. What do
these OIG opinions say about charitable giving by hospitals?
- On December 17, 2004, OIG posted an opinion
regarding contractual joint ventures that were structured
in a manner that was intended to comply with the Stark Phase
II regulations. Did the OIG show any deference to such a
structure, given its intended purpose? Does this opinion,
and others issued throughout 2004, help or hinder the efforts
of hospitals to find innovative business arrangements to
deliver health care?
- On December 8, 2004, GAO issued
a report titled "Medicare: Advisory Opinions as a Means of Clarifying
Program Requirements," which discussed the usefulness
of Advisory Opinions to health care providers. What are the
advantages and disadvantages of obtaining an Advisory Opinion?
How can they be used strategically by health care providers
to achieve a business purpose?
Henry and Phil consider the recent actions
by the OIG (and the federal government generally) with respect
to three key issues: malpractice subsidies, charity care, and
joint ventures, by reviewing recent OIG opinions and the OIG
Work Plan for 2005, and discuss the use of advisory opinions
to achieve a business purpose.
Audio CD: $225
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