Tag Archives: Cash-Based Medical Practices

Medicare Opt-Out – A Make-or-Break Decision for Concierge Physicians

For physicians moving into concierge, direct-pay, or cash-based practice models, opting out of Medicare is a consequential compliance decision—not merely an administrative formality. A properly executed Medicare opt-out changes how the physician may treat and bill Medicare beneficiaries, how private … Continue reading

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THE OIG ADVISORY OPINION PATHWAY FOR CONIERGE AND CASH-BASED PRACTICES

For arrangements that are novel, involve significant financial investment, or present a unique structural profile without a clear safe harbor fit, the OIG Advisory Opinion process provides a mechanism for obtaining binding regulatory guidance. Under 42 C.F.R. § 1008.38, a … Continue reading

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SAFE HARBORS MOST RELEVANT TO CONCIERGE AND DPC PRACTICES

The regulatory safe harbors at 42 C.F.R. § 1001.952 provide the primary mechanism for structuring arrangements that would otherwise implicate the AKS. An arrangement that satisfies every element of an applicable safe harbor is protected from AKS prosecution. An arrangement … Continue reading

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WHY CONCIERGE AND DPC PRACTICES ARE NOT AUTOMATICALLY EXEMPT

The AKS exposure of a concierge or cash-based practice depends heavily on its specific structure and business relationships. The analysis differs materially across three broad categories of practice. A. Pure Cash / DPC Practice — No Federal Program Participation A … Continue reading

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