The In-Office Ancillary Services Exception’s Continued Relevance

The current legislative initiatives to restrict (or eliminate) the In-Office Ancillary Services Exception (the “IOASE”) under Stark is, by no means, a new phenomenon. Rather, over the years, CMS has received a substantial number of comments from interested groups whose economic interests are adversely affected by the IOASE. In fact, the amendments to the Anti-Markup Rule (the “AMR”), effective 1/1/09 reflect a recognition by CMS that certain minor modifications to the rule are appropriate. In formulating the revisions to the AMR, CMS noted in the commentary that it had been asked to consider, but rejected, a wholesale elimination of the IOASE. Thus, although it is appropriate to include well-designed strategies to unwind the deal if regulatory changes make the structure economically unviable, the prospect of a near-term elimination of the IOASE is considered by industry insiders to be remote. A fuller exposition of the issue will be published in the June edition of Link (the monthly journal of AHRA, the Association for Medical Imaging Management).

For more information regarding the In-Office Ancillary Services Exception, please contact Adrienne Dresevic, Esq. or Carey F. Kalmowitz, Esq. at (248) 996-8510, visit The HLP website’s Stark and Anti-Kickback page, or visit The HLP website.

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