5/31/09 OIG gives OK to a hospital paying for call coverage

On May 21, the OIG posted an Advisory Opinion that specifically allowed a hospital to compensate physicians for on-call services to uninsured patients.
On May 21, the OIG posted an Advisory Opinion that specifically allowed a hospital to compensate physicians for on-call services to uninsured patients.  This is significant since many hospitals have claimed that it would violate the Anti-Kickback Statute (“AKS”) to pay for call.
This Advisory Opinion should give the hospital’s legal counsel some comfort in knowing that the OIG has blessed at least one such transaction.  Since many hospitals have been paying for call coverage for years, I have always suspected that hospitals were using the AKS as an excuse. 
Maybe now we can at least get in the door to discuss compensation for call coverage.  Sometimes, that is the best you can hope for.
The Advisory Opinion can be accessed at
Share on Facebook
Share on Twitter
Share on Linkedin
Dennis Hursh

Dennis Hursh

Dennis Hursh has been providing healthcare legal services in Pennsylvania since 1982. Since 1992, he has been a physician's lawyer serving as Managing Partner of Physician Agreements Health Law, the first law firm in the country to focus exclusively on physician employment agreements. Dennis has devoted his life to serving physicians and medical practices. He is the author of the definitive book on physician contracts "The Final Hurdle - a Physician's Guide to Negotiating a Fair Employment Agreement, and a frequent lecturer on physician employment agreements.

Leave a Comment

Your email address will not be published.

Get a Free Phone Consult

Physician Employment Agreement Checklist

Get your free checklist now

Please enter your name and email, and I'll send you the free checklist

    Powered By ConvertKit
    Physician Prosperity Program

    How It Works

    After purchasing the physician contract review, you will receive an email asking you to transmit the agreement and any concerns you have to me. Many physicians do this by email, but I will be available by phone, too. In three business days from the time you purchase the Physician Prosperity Program® and transmit the draft physician employment agreement along with any concerns you have about the agreement and the information I will need to perform the MGMA analysis, you will receive a detailed physician contract review letter from me.

    After you receive my physician contract review letter, you will have the opportunity to discuss it with me, to make sure all of your concerns were met, and to correct any factual inaccuracies, or to point out things that were verbally promised but didn’t make it into the physician employment agreement. These discussions, and revisions of the letter following these discussions, are included in the initial fixed fee.

    Once you are completely comfortable with the physician contract review letter, you transmit the letter to your potential employer.