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OIG Again Concludes That Online Health Care Provider Marketplace Does Not Violate Fraud and Abuse Laws

Douglas A. Grimm, Gayland O. Hethcoat II, writing for ArentFox Schiff:

In Advisory Opinion No. 23-04, the US Department of Health and Human Services (HHS) Office of Inspector General (OIG) analyzed certain proposed changes to the functionality of a health care technology company’s online provider marketplace. As in an earlier 2019 opinion, OIG concluded that the company’s business model would not result in unlawful kickbacks and patient inducements.