OIG Advisory Opinion on Compensating On-Call Physicians

On May 21, 2009, the OIG posted an advisory opinion regarding a proposal to compensate physicians for on-call services performed on behalf of it’s uninsured patients.  Although the OIG acknowledged the legitimate reasons for such arrangements, they also stated there is a substantial risk that improperly structured payments for on-call coverage could be used to disguise unlawful remuneration.  However, the key inquiry is whether the compensation is: (i) fair market value in an arm’s-length transaction for actual and necessary items