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In its Advisory Opinion (No.
09-05) issued May 14, 2009 (the "2009 Opinion"), the
Department of Health and Human Services' Office of
Inspector General (the "OIG") revisited the issue of
paid on-call arrangements. While approving the
arrangement that is the subject of the 2009 Opinion and
recognizing that legitimate reasons may exist for paid
on-call arrangements, the OIG reiterated its concern
regarding the potential misuse of such arrangements by
both physicians and hospitals as had been previously
cited in its Advisory Opinion (No. 07-10) issued
September 20, 2007 ("2007 Opinion" and together with the
2009 Opinion, the "Opinions"). Specifically, the
OIG cautioned that (1) physicians may demand on-call
compensation as a condition of providing services at the
hospitals, and (2) payments by hospitals could be used
to entice physicians to generate business for the
hospital.
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