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Advisory Opinions 1997 Archive

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1997

10-20-1997
Advisory Opinion No. 97-6 (PDF)
(...asks whether a proposed arrangement for restocking ambulance supplies and medications (the AProposed Arrangement@) would constitute illegal remuneration as defined in the anti-kickback statute, 42 U.S.C. ' 1320a-7b(b).
10-15-1997
Advisory Opinion No. 97-5 (PDF)
(...asks whether an outpatient radiology imaging center joint venture owned by a medical group specializing in radiology and a hospital care provider (i) generates prohibited remuneration within the meaning of the anti-kickback statute, Section 1128B of the Social Security Act (AAct@); (ii) constitutes grounds for the imposition of an exclusion under Section 1128(b)(7) of the Act (as it applies to kickbacks); (iii) constitutes grounds for criminal sanctions under Section 1128B(b) of the Act; and/or (iv) satisfies the criteria set out in Section 1128B(b)(3) of the Act or associated regulations, 42 C.F.R. ' 1001.952.
10-02-1997
Advisory Opinion No. 97-4 (PDF)
(...asks whether declining to pursue collection of copayments from certain patients who have employer-sponsored Medicare complementary coverage constitutes grounds for imposition of sanctions under Section 231(h) of the Health Insurance Portability and Accountability Act (“HIPAA”) [42 U.S.C. § 1320a-7a(a)(5)] or under Sections 1128B(b) (the anti-kickback statute) or 1128A(7) (relating to payment of kickbacks) of the Social Security Act [42 U.S.C. §§ 1320a-7b(b) and 1320a-7(b)(7)].
08-22-1997
Advisory Opinion No. 97-3 (PDF)
(...asks whether Mrs. P's transfer of assets to her nephew, Mr. S, and subsequent application for Medicaid benefits, subjects her to sanction under 42 U.S.C. 1320a-7b(a)(6), which prohibits certain dispositions of assets for the purpose of qualifying for Medicaid.)
07-28-1997
Advisory Opinion No. 97-2 (PDF)
(...asks whether a state-funded program that pays for insurance premiums for financially needy Medicare beneficiaries with end-stage renal disease would constitute grounds for the imposition of a civil monetary penalty under Section 231(h) of the Health Insurance Portability and Accountability Act of 1996)
06-11-1997
Advisory Opinion No. 97-1 (PDF)
(...it is permissible for a charitable organization partly funded by kidney dialysis providers to pay Medicare Part B, Medigap and other health insurance premiums for end-stage renal disease patients who are financially needy)

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