OIG Advisory Opinion 08-22: Bona Fide Employee Relationships Do Not Violate the Anti-Kickback Statute

On December 15, 2008, the OIG posted Advisory Opinion 08-22, dealing with the part-time employment of physicians by a hospital to perform endoscopy services. The physicians at issue also had their own private practice through which they referred patients to the hospital.

The OIG discussed the employee safe harbor of the anti-kickback statute and determined that the arrangement would not violate the anti-kickback statute so long as the employees were bona fide employees pursuant to the IRS definition.

However, the OIG noted that the arrangement would also need to be analyzed under the Stark regulations, including the fair market value requirements.

To read the full text of the opinion, click here.