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.  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 Facebook
Share on twitter
Share on Twitter
Share on linkedin
Share on Linkedin
Dennis Hursh

Dennis Hursh

Dennis Hursh has been providing healthcare legal services in Pennsylvania since 1982. Since 1992, he has been Managing Partner of Hursh & Hursh, P.C. Dennis is a member of the American Health Lawyers Association, where he is involved in the Physician Organizations Substantive Law Committee. In addition, he is a member of the American Bar Association’s Health Law Section. He also serves as a member of the Pennsylvania Bar Association’s Health Law Section, where he is the Chairman of the Subcommittee on Professional Providers.

Leave a Comment

Your email address will not be published. Required fields are marked *

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