Gifts to, and Collaborative Arrangements With, Physicians
Any person or entity can be a referral source to a DME supplier. However, the most important referral source is a physician. He/she writes the order that triggers the whole process. A DME supplier can enter into arrangements with physicians, but in so doing, the DME supplier needs to adhere to federal and state laws that govern such arrangements. Examples of arrangements with physicians include (i) Medical Director Agreement; (ii) Consulting Agreement; (iii) service by physician on an advisory board; (iv) Preferred Provider Agreement; (v) loan closet; (vi) Space Rental Agreement; and (vii) sponsoring a physician to present education programs. In structuring an arrangement with a physician, DME suppliers need to be careful to avoid the federal anti-kickback statute, the federal physician self-referral statute (“Stark”), and other federal and state anti-fraud laws. This webinar will (i) discuss the applicable legal guidance governing arrangements with physicians, (ii) give examples of legally acceptable arrangements with physicians, and (iii) give examples of arrangements that need to be avoided.