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OIG Advisory Opinions · October 27, 2026 · Primary source

AO 26-19

Score 80PRIMARYregulatoryHHS OIG

Summary

OIG issued Advisory Opinion 26-19 on October 27, 2026, reaching a favorable conclusion regarding a proposed arrangement in which an entity solicits and receives charitable donations to subsidize the cost of services for financially needy Medicare- and Medicaid-eligible beneficiaries. The opinion addresses whether the solicitation and receipt of those donations, and the subsequent reduction or waiver of patient cost-sharing or fees for qualifying beneficiaries, implicates the Anti-Kickback Statute or Civil Monetary Penalty provisions governing beneficiary inducements. The full opinion is available as a PDF from OIG.

What this may mean

The opinion is binding only on the requesting parties but provides citable guidance on the structure of charitable subsidy programs for low-income Medicare and Medicaid beneficiaries, an area where providers and foundations frequently seek OIG guidance. Organizations operating patient assistance programs, charity care funds, or cost-sharing waiver arrangements for Medicare and Medicaid patients may assess their programs against the conditions OIG found favorable.

Informational only. Not legal, medical, financial, or other professional advice. Always consult a qualified professional familiar with your specific facts before relying on any item.

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