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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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