In a recent opinion (Opinion 13-03) from the Office of Inspector General (OIG) of the Department of Health and Human Services, the OIG expressed concerns regarding a laboratory services arrangement and the federal Medicare and Medicaid kickback statute. This opinion can be found here.
A laboratory requested the advisory opinion from the OIG about a prospective plan. Under the proposed arrangement, the laboratory’s owners would form a management company. The management company would be in the business of assisting physician groups in setting up their own laboratories. The management company would lease (or arrange for the leasing of) laboratory suites to each physician group, as well as laboratory personnel and equipment necessary to operate the laboratory. The management company would also enter into a management agreement with each physician group to manage the laboratory on behalf of the group.