New Flexibilities Available to Healthcare and Life Sciences Companies Under Loosened HHS-OIG Advisory Opinion Procedures

Jan 18, 2022

Posted by Sidley Austin

On January 11, 2022, the U.S. Department of Health and Human Services (HHS) Office of the Inspector General (OIG) published a final rule, effective February 10, 2022, implementing an important change to procedures for OIG advisory opinions regarding the application of the Antikickback Statute (AKS) and Beneficiary Inducements Civil Monetary Penalty Law (CMPL) to the existing or proposed business arrangements of requesting parties. This development may be helpful to companies that would seek guidance from OIG on topics that historically would be out of scope for an advisory opinion and provides potential new strategy options for parties considering arrangements similar to those under investigation, as well as those under investigation for alleged fraud and abuse misconduct. Continue reading

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