Bass, Berry & Sims attorney Travis Lloyd commented on an advisory opinion recently issued by the Department of Health and Human Services Office of Inspector General (HHS OIG) that determined a health system’s offer of retirement to physician partners did not breach the Anti-Kickback Statute. In this specific case, the partnership made voluntary offers to retirement age physicians to buy back their partnership stake once the physician stopped practicing medicine.
Travis referenced a recent case that, although significantly different from the facts at issue in the advisory opinion, might have had an impact on the decision to request an advisory opinion in this case. Travis stated, “I do think that the relatively recent attention given to physician buyback programs and that earlier settlement may have caused the requesting party, in this case, to pursue a more conservative route.”
The full article, “No Fines Over Physician Retirement Offer, HHS OIG Says,” was published by Law360 on January 3 and is available online.