OIG Advisory Opinion: Website Displaying Healthcare Coupons and Advertising

After reviewing an arrangement in which a corporation would operate a website that would display coupons and advertising from healthcare providers, suppliers, and other entities, the U.S. Department of Health and Human Services’ Office of Inspector General (OIG) has determined that although the arrangement could generate prohibited remuneration under the Anti-Kickback Statute, it will not impose administrative sanctions on the corporation, according to a March 20, 2012, OIG advisory opinion. The advisory opinion explains that OIG believes the arrangement presents a low level of risk because the requestor is not a healthcare provider or supplier. Additionally, the payments from providers and advertisers to the requestor do not depend in any way on customers using the coupons or obtaining services from the providers or advertisers, the advertising under the proposed arrangement may take the form of banner or pop-up advertisements on a publicly accessible website, and the structure of, and limitations associated with, the coupons decreases risk under the Anti-Kickback Statute.