Advisory Opinions Serve as a Reminder that Arrangements Must Be Carefully Structured

Foley Partner Lawrence Vernaglia and Senior Counsel Lawrence Conn authored an article that appeared in the March/April 2011 issue of the Journal of Health Care Compliance titled “Advisory Opinions Serve as a Reminder that Arrangements Must Be Carefully Structured.” The authors discuss marketing arrangements between health care providers and third parties who assist in advertising, stating that such arrangements need to be carefully structured because some forms of marketing may involve recommendations that are prohibited by the anti-kickback statute. They add that careful analysis, planning and external fair market value review can help to establish compliance safeguards that protect a marketing arrangement from risk of liability under the anti-kickback statute.