OIG FAQ Update Warns Stark Compliance Won't Shield AKS Liability
In a client alert, law firm Hall Render reports that OIG revised its General Questions Regarding Certain Fraud and Abuse Authorities to clarify that satisfying a Stark Law exception does not automatically protect an arrangement from Anti-Kickback Statute (AKS) liability, and that fair market value compensation alone does not preclude AKS risk. The guidance affects hospitals, physician groups, labs and other providers negotiating or reviewing financial arrangements with referral sources, since OIG emphasized that intent and surrounding facts and circumstances remain central to AKS analysis even when Stark exceptions or FMV benchmarks are met. OIG illustrated the point using an example involving entertainment tickets offered to physician referral sources. Hall Render recommends providers conduct separate Stark and AKS analyses, confirm every element of applicable safe harbors, and document the legitimate business purpose behind compensation arrangements.