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RECENT DEVELOPMENT IN HEALTH CARE LAW

RECENT DEVELOPMENT IN HEALTH CARE LAW

OIG Advisory Opinion No. 02-9. On June 21, 2002, the Inspector General posted Advisory Opinion No. 02-9. A physician requested the opinion regarding his proposed ownership of, and investment in, an ambulatory surgical center that would accept referrals from a medical group in which he also had an ownership interest. Based upon the facts presented, the OIG concluded that the proposed arrangement would fit within the safe harbor for investment interests in single-specialty ambulatory surgery centers, and therefore would not constitute prohibited remuneration under the anti-kickback statute.