OIG Raises Anti-Kickback Concerns About Subscription-Based Referral Management Platforms

Short summary

OIG Advisory Opinion 26-15 concludes that a subscription-based referral management software platform could implicate the federal Anti-Kickback Statute. Paying providers gain a competitive advantage by receiving electronic referrals faster than non-subscribers, effectively allowing them to purchase referrals rather than compete on quality. The opinion reiterates OIG's 15-year-old analysis from AO 11-06 but does not address safe harbor modifications made in 2020 or favorable opinions on similar online platforms.

• •OIG finds subscription-based referral platforms may violate the Anti-Kickback Statute
• •Paying subscribers gain unfair competitive advantage via faster electronic referral response
• •Opinion does not address 2020 safe harbor modifications that could affect analysis

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