Inspector General wins round two of Hanlester Case.

Abstract

The decision of the HHS Departmental Appeals Board Appellate Division in Inspector General v. Hanlester Network provides guidance as to the aspects of joint ventures that pose fraud and abuse concerns by listing the factors that may indicate an improper purpose. Together with the fraud and abuse safe harbors, the decision helps identify the pitfalls associated with physician investment in suspect joint ventures. This article analyzes the latest Hanlester decision, forecasts the future of joint venturing after Hanlester and the safe harbors, and offers some guidance to potential investors in light of these developments.