Marki Stewart Receives OIG Advisory Opinion on Physician Compensation

In a watershed opinion, attorney Marki Stewart obtained a favorable OIG Advisory Opinion for Phoenix Neurological Institute relating to physician compensation. The Advisory Opinion stands as a pivotal juncture outlining how employers may compensate their employed physicians without running afoul of the Anti-Kickback Statute. The OIG Advisory Opinion outlines two key points: Employers may provide a bonus to employed physicians that is based on the volume or value of business the physician generates for the employer; and Employers may include revenue received from multiple service lines, including ambulatory surgery center facility fees, in their employed physicians’ compensation. “This Advisory Opinion will serve as a catalyst for the adoption of fair, transparent, and legally sound physician compensation practices, thereby benefiting both healthcare providers and the patients they serve,” said...