An article from the New York Times on March 3, 2009 discusses statements by federal prosecutors that they plan to crack down on physicians who receive consulting fees from drug companies or device manufacturers.
Lewis Morris, the Chief Inspector of the OIG for HHS stated that "what we need to do is make examples of a couple of doctors so that their colleagues see that this isn't worth it."
Not all consulting agreements are illegal. It is possible to draft agreements in a manner that would meet the safe harbors contained in the anti-kickback statute. If you would like our assistance with reviewing or drafting compliant agreements, or if you need compliance policies addressing this issue please contact us.
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