Articles and Blogs

On January 21, 2026, the Department of Health and Human Services (“HHS”) Office of Inspector General (“OIG”) released its Semiannual Report to Congress for the six-month period ending September 30, 2025 (“Report”). OIG’s enforcement actions during this period resulted in “the largest health care fraud takedown in the Department of Justice history, involving more... 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

On July 1, 2025, the Office of Inspector General (“OIG”), in Advisory Opinion 25-08, considered a proposed arrangement by a medical device company (“Requestor”) that supplies “bill-only” surgical items, which are devices selected in real-time for specific procedures. The Requestor sought to pay a third-party vendor to access its Bill-Only Portal, a software platform... 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 December 2, 2024, the Office of Inspector General (“OIG”) for the U.S. Department of Health and Human Services (“HHS”) issued a proposed rule (“Proposed Rule”) that amended the regulations relating to exclusion authorities under the authority of OIG. The Proposed Rule would codify changes made by the Medicaid Services Investment and Accountability Act... READ MORE

The Office of Inspector General (“OIG”) of the U.S. Department of Health and Human Services found that most skilled nursing facilities (“nursing homes”) in Massachusetts that it surveyed are not correctly complying with life safety requirements or emergency preparedness requirements. OIG recently issued a report on its audits of life safety requirements or emergency... READ MORE

The Department of Health & Human Services (“HHS”) Office of Inspector General (“OIG”) recently reported five instances in which providers self-disclosed real estate arrangements and then subsequently settled alleged violations of the Civil Monetary Penalty (“CMP”) Law related to those arrangements, which were potentially tainted by kickbacks or Stark violations. The settlements for alleged... READ MORE

On June 24, 2024, the Department of Health and Human Services (“HHS”) released a final rule implementing disincentives for health care providers who are found by the Office of Inspector General (“OIG”) to have engaged in information blocking practices as defined under the 21st Century Cures Act. This rule establishes a framework for the... READ MORE

The U.S. Department of Health and Human Services Office of Inspector General (“OIG”) recently issued Advisory Opinion No. 23-15 (“Advisory Opinion”), a favorable opinion involving a consulting firm’s (“Requestor”) proposal to offer gift cards to its existing physician practice customers for referring potential new customers. The OIG approved the Proposed Arrangement (defined below), noting... READ MORE