In a recent development, the US Department of Health and Human Services Office of Inspector General (OIG) has shared Advisory Opinion No. 23-04 on per-click marketing arrangements involving online healthcare directories. This move is highly significant for legal professionals, both in the corporate world and in law firms, given its implications for online healthcare marketing and Medicaid and Medicare service providers.
The aforementioned advisory opinion asserts that the potential fraud and abuse risks associated with the use of per-click marketing arrangements for online healthcare directories appear to be sufficiently low. Therefore, they pose no significant threat, provided certain safeguards are maintained. This conclusion comes after analyzing the current functionalities and proposed enhancements for a healthcare directory used by medical service providers under a pay-per-click model.
This advisory opinion aids in clarifying the ambiguous zone of per-click marketing mechanisms for online healthcare directories. Legal professionals dealing with the healthcare sector might be eager to dissect the implications of this advisory opinion, specifically when an entity is involved in rendering healthcare services to Federal health care program (FHCP) beneficiaries.
While the advisory opinion does not serve as a legal verdict, it gives a thorough inspection of complex legal scenarios. It promises to throw light on the regulations revolving around the interaction of online healthcare directories and their financial transactions. Legal professionals now have a robust point of reference while examining the regulatory aspects of healthcare-related online advertising models.
However, experts like Morgan Lewis believe that regardless of OIG’s assurances, entities must continue to observe utmost caution in their attempts to maintain compliance with anti-referral and anti-kickback laws.
This approval might catalyze a reshaping of healthcare marketing on digital platforms, opening up unconventional streams for digital advertising in the healthcare sector.