Site icon Chiropractic Economics

Deborah Green’s LEGAL Q&A

Q My practice is located in Florida. I don’t have any Medicare patients, so I don’t need to worry about the anti-kickback laws and I can pay for referrals, right?

A Florida, like many states, has its own set of anti-kickback laws that apply, regardless of whether you are treating Medicare patients — and you must be aware of them. Although the following describes Florida law, many state laws are similar, and doctors in different states should check with their health-care attorneys regarding what is, and is not, permissible.

Florida used to have a relatively ineffective Anti-Kickback Statute. The statute made it unlawful for any health-care provider to offer, pay, solicit, or receive a kickback for referring or soliciting patients. However, no specific criminal penalty provision was provided. This law was given “teeth” when it was amended by the Patient Brokering Act (Florida Statutes 817.505), which prohibits any activity that: induces the referral of patients or patronage from a health-care provider or facility by offering, paying, soliciting or receiving any commission, bonus, rebate, kickback or bribe; engages in any split-fee arrangement; or aids, abets, advises, or otherwise participates in the aforementioned prohibited conduct.

The only exemptions to this type of conduct are:

The penalties for violating this law vary. A first offense may be treated as a first-degree misdemeanor and/or $5,000 fine; a second offense may result in a third-degree felony and/or $10,000 fine. In all prosecuted cases, the activity would be stopped and you would be liable for any legal costs incurred from the prosecution.

Q I’ve heard there have been new rules issued for group practices by the Stark rules. Do I need to implement these in my multi-specialty practice?

A On Jan. 4, 2001, the Health Care Financing Administration (HCFA) issued Phase I of the final Stark II regulations (aka the Final Rule). The Final Rule was scheduled to become effective on Jan. 4, 2002; however, the Bush administration directed agency heads to postpone by 60 days the effective date of published regulations that had not yet gone into effect. Assuming that this directive applies, the Final Rule would become effective on March 5, 2002.

The Final Rule has been split into two phases, with the second phase still to be issued. Phase One of the Final Rule provides interpretation of the Stark laws and gives guidance to physicians concerning what is and what isn’t permissible. Overall, it has been construed as fair legislation, and in some cases has lightened some of the restraints previously imposed.

For purposes of answering your specific question, bear in mind that the Stark rules apply to your group only if it treats Medicare/Medicaid patients. Additionally, the rule only applies if your group is providing these Medicare/Medicaid patients with services described by HCFA as designated health services (DHS).

DHS include:

HCFA has stated that it intends to “protect” these types of referrals under the “doctors’ services” or “in-office ancillary services” exceptions to the prohibition against self-referrals only if the group practice is a bona fide group practice, and not a loose confederation of individual doctors bound together primarily to benefit from DHS referrals. Therefore, HCFA requires that the group practice be “fully integrated, medically and economically.”

In order to be “fully integrated, medically and economically,” your group practice must comply with the following:

Keep in mind that even if you do not provide any of the designated health services and/or you do not service Medicare/Medicaid patients, your state laws probably have similar group practice laws with which you must comply.

Exit mobile version