Spencer Fane attorney Donn Herring worked on behalf of a health care industry client to obtain a favorable advisory opinion from the Office of the Inspector General of the U.S. Department of Health and Human Services. This opinion provides assurance to the client that its business plans will not be subject to prosecution under the Medicare Anti-Kickback Statute or the patient inducement provisions of the Civil Monetary Penalties Statute.
Advisory opinions are both rare and difficult to acquire, resulting in only 15 to 20 opinions being issued during an average year. The 12 to 15 month process is not always recommended or necessary for all clients, but does have specific benefits for businesses that are attracting new investors, adapting their operations, or developing/entering a new sector of business.
In addition to helping clients with these niche matters, Donn also regularly helps hospitals, physicians, and other health care providers with a full range of business and regulatory issues. He focuses his practice on physician-hospital joint ventures, physician integration, provider network development, and voluntary compliance program development.
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