Oig Issues Advisory Opinion On Psychotherapy Kickbacks - Office of Inspector General - Brief Article

Healthcare Financial Management, Dec, 1999

The Office of Inspector General (OIG) has issued Advisory Opinion 99-11, which discusses whether a coalition providing psychotherapy services free or at reduced prices using residents from local teaching hospitals as clinicians would violate antikickback statutes. The OIG states that such an arrangement could violate antikickback statutes if the intent is to induce referrals, but a variety of factors may mitigate grounds for fraud.

For example, the residents are not paid by the coalition, and the coalition does not bill Medicare, Medicaid, or any third-party payer and does not charge Medicare beneficiaries for any Medicare-covered services. The OIG said the risk of fraud by the arrangement is minimal.