OIG Clarifies AKS Liability Beyond FMV and Stark

By Health Capital Consultants, LLC

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On April 23, 2026, the U.S. Department of Health and Human Services (HHS) Office of Inspector General (OIG) updated its General Questions Regarding Certain Fraud and Abuse Authorities Frequently Asked Questions (FAQ) page for the first time since July 2024. The update revised one existing FAQ and added another, addressing what the OIG describes as persistent misconceptions about the federal Anti-Kickback Statute (AKS), its relationship to the physician self-referral law (Stark Law), and the role of Fair Market Value (FMV) in evaluating financial arrangements with referral sources.

This Health Capital Topics article discusses the OIG’s updated guidance and its implications for parties that rely on FMV opinions in structuring healthcare arrangements. (Read more…)

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