HHS-OIG Post New Advisory Opinion Related to EMS

The Department of Health and Human Services posted a new advisory opinion today, No. 13-05. It is related to EMS directly in that the question to be answered is would a payment by a private operator to a municipality for dispatch services violate the Anti-Kickback Statute.

I think this is actually pretty much a no-brainer absent some strange situation which would implicate Anti-Kickback, such as the fee being a per-click type fee or some other arrangement that varied directly based on volume. But this did not have those characteristics and for several other reasons as indicated in the opinion, this arrangement did not violate Anti-Kickback.

Full text available here.


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