Federal legal opinion opens door to referring physician kickbacks

October 17, 2008 Federal legal opinion opens door to referring physician kickbacks James Brice An advisory legal opinion from the Department of Health and Human Services in favor of a specialized service to handle the processing of high-tech preauthorization requests for referring physicians has drawn a mixed response among legal and industry authorities. In a Sept. 19 report (OIG Advisory Opinion No. 08-12), the Office of Inspector General of the HHS concluded that the proposed service would not violate federal anti-kickback statutes.

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