OIG "JOINT VENTURE" ADVISORY OPINION NO. 03-12

On May 29, 2003, the HHS Office of Inspector General posted its advisory opinion on a proposed joint venture between a hospital and a radiology group to operate an ambulatory MRI facility where the radiological group would have an exclusive agreement to provide radiology services to the facility. The OIG determined the proposed transaction would not result in enforcement activity under the Stark or the federal anti-kickback statutes because of the referral limitations, practical and self-imposed, that the venturers reported to the OIG.