Articles and Blogs

On May 20, 2026, the Department of Health and Human Services Office of Inspector General (“OIG”) posted a favorable opinion, AO 26-11, regarding an arrangement in which a precision oncology company (“Requestor”) offers eligible patients undergoing a colorectal cancer screening test (“CRC Screening Test”) a free supplemental report (“Supplemental Report”) to identify risk of... READ MORE

The Department of Health and Human Services Office of Inspector General (“OIG”) recently issued a favorable opinion, AO 26-16, regarding a federally qualified health center’s (“FQHC’s”) provision of produce boxes and vouchers to patients diagnosed with certain health conditions (the “Arrangement”). Although the Arrangement would generate prohibited remuneration under the Beneficiary Inducements Civil Monetary... READ MORE

On May 1, 2026, the Department of Health and Human Services Office of Inspector General (“OIG”) posted Advisory Opinion 26-09 (“AO 26-09”), which opines on a pediatric dental and orthodontic service provider’s (“Requestor’s”) proposal to offer free orthodontic treatment for one patient per year at each of Requestor’s three practice locations (the “Proposed Arrangement”).... READ MORE

On March 26, 2026, the Eighth Circuit, in Ghosh v. Abbott Lab’ys, Inc., 170 F.4th 1141 (8th Cir. 2026), affirmed the dismissal of whistleblower claims brought by a remote employee whose connections to Minnesota, where the employer was located, consisted of a 12-day visit to the state to participate in mandatory training. Case Background... READ MORE

On December 15, 2025, the Office of Inspector General (“OIG”) issued Advisory Opinion No. 25‑11 (“Advisory Opinion”) and concluded it would not impose administrative sanctions under the federal Anti‑Kickback Statute (“AKS”) on a biopharmaceutical manufacturer for a series of discounts and rebates offered on multiple vaccines. Although portions of the arrangement failed to meet... READ MORE

On December 9, 2025, the Department of Health and Human Services’ (“HHS”) Office of the Inspector General (“OIG”) issued its annual solicitation for proposals and recommendations for developing new or modifying existing Anti-Kickback Statute (“AKS”) safe harbor provisions. In doing so, the OIG’s objective is to identify safe harbors that safeguard “beneficial and innocuous... READ MORE

Recently, the Department of Health and Human Services Office of Inspector General (“OIG”) issued Advisory Opinion 25-08 (the “Advisory Opinion”), which addressed whether a proposed arrangement involving a medical device manufacturer’s payment of access fees to a third-party vendor’s billing portal (“Proposed Arrangement”) would violate the federal Anti-Kickback Statute (“AKS”). Based on the facts... READ MORE

The Ninth Circuit’s (also referred to as the “Court”) decision in U.S. v. Schena (“Schena“) marks the first appellate interpretation of the Eliminating Kickback in Recovery Act of 2018 (“EKRA”). The Ninth Circuit held that EKRA extends to payments made to third-party marketers indirectly influencing referrals for medical testing services, expanding its scope beyond... READ MORE

Three recent cases out of New York show the value in obtaining Advisory Opinions from the Office of Inspector General (“OIG”) when considering the risk of certain arrangements under the Anti-Kickback Statute (“AKS”). Background In 2022, a whistleblower who was also a physician (“Relator”) filed a False Claims Act Complaint against Platform, an online... READ MORE

On April 14, 2025, the U.S. Court of Appeals for the Seventh Circuit (the “Court”) reversed the conviction of Mark Sorensen under the federal Anti-Kickback Statute (“AKS”), holding that payments to marketing firms and manufacturers – absent influence over health care decisions – do not constitute illegal kickbacks. Notably, this marks the Seventh Circuit’s... READ MORE