Pratt’s Publishes Robert Salcido Article on HHS OIG Advisory Opinion
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“OIG Joint Venture Advisory Opinion Does Not Consider Multiple Court Decisions That Undermine the Conclusions in Its Opinion,” an article by Akin Gump health care and life sciences partner Robert Salcido, has been published by Pratt’s Government Contracting Law Report.
The article discusses the Department of Health and Human Services Office of Inspector General’s (OIG) Advisory Opinion 21-18, which concludes that “the proposed joint venture arrangement between a therapy services company and a company that owns skilled nursing facilities, if undertaken, could generate prohibited remuneration under the Anti-Kickback Statute ‘if the requisite intent were present’.”
The article discusses OIG advisory opinions, its guidance regarding joint ventures and a Special Fraud Alert published on joint ventures, before examining in detail OIG Advisory Opinion 21-18, remuneration under the Anti-Kickback Statute, and application of the Statute to the facts underling the OIG AO.
The author concludes by noting, “Oddly, as part of the Advisory Opinion process, the OIG is compelled to ignore the very case law that demonstrates that its Opinion is mistaken. When that case law is considered and followed, it appears that there should not be any legal impediment to properly structured JV arrangements that are based upon fair market value payments when the parties do not have any intent to engage in wrongful conduct.”
To read the full article, click here.
