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Northern Ohio Health System Agrees to Pay Over $21 Million to Resolve False Claims Act Allegations for Improper Payments to Referring Physicians

Northern Ohio Health System Agrees to Pay Over $21 Million to Resolve False Claims Act Allegations for Improper Payments to Referring Physicians
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Investigations Newsletter: Northern Ohio Health System Pays $21 Million to Settle FCA Allegations | Arent Fox

Investigations Newsletter: Northern Ohio Health System Pays $21 Million to Settle FCA Allegations | Arent Fox
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Safe Harbors Are Critical for Ambulatory Surgery Centers

Monday, July 5, 2021 A recent advisory opinion issued by the Office of the Inspector General (OIG) has generated a great deal of buzz in the ambulatory surgery center (ASC) world. However, in some ways, the buzz is overstated and does not ultimately change how ASCs will be allowed to operate. This article presents some key takeaways on what AO 21-02 means, and what it does not. Legal Framework The ownership of, and referral to, an ASC by a physician is not subject to the federal Stark Law, but will implicate the federal Anti-Kickback Statute (AKS). The AKS prohibits any person from “knowingly and willfully” providing any remuneration to induce referrals, or in exchange for referrals, of federal health care program patients or business. (

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