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See e.g. OIG Ad. Op. 98 1 1998 and OIG Ad. Op. 98 4 1998. 41 The OIG is troubled by the proliferation of business arrangements that may violate the antikickback statute. United States v. Kats 871 F.2d 105 9th Cir. 1989 United States v. Greber 760 F.2d 68 3d Cir. cert. denied 474 U.S. 988 1985. Cf. OIG Ad. Op. 98 10 1998. The OIG has a longstanding concern that percentage billing arrangements may increase the risk of upcoding and similar abusive billing practices. Assuming the modifier is used...

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