2026 HHS-OIG Advisory Opinions: What Hospital and Health System Counsel Need to Know

Partner Anthony Burba and associate Megha Mathur wrote an article, “2026 HHS-OIG Advisory Opinions: What Hospital and Health System Counsel Need to Know,” for the American Health Law Association’s Hospitals and Health Systems Practice Group.

They analyze the most significant 2026 HHS-OIG Advisory Opinions affecting hospitals and health systems, highlighting a notable shift in the agency's willingness to conclude that certain arrangements do not constitute remuneration under the Anti-Kickback Statute. The article examines key opinions involving cost-sharing waivers, laboratory management structures, and employee referral bonuses, offering practical guidance on emerging compliance trends and enforcement priorities for healthcare providers.