Gifts to Referral Sources - Holland & Hart

Gifts to Referral Sources

Kim C. Stanger (11-17)

Overview

? Some relevant laws ? Applying those laws to common situations

? Gifts to or from referral sources ? Gifts to physicians ? Gifts to or from patients ? Gifts from vendors ? Focusing on gifts, not all potential issues re items or services below fair market value. ? Please send questions to kcstanger@ or use the "chat" feature.

Written Materials

? Copy of .ppt slides

? Stanger, Gifts to Referral Sources and Patients ? OIG Special Advisory Bulletin, Offering Gifts and Other

Inducements to Beneficiaries (8/02) ? OIG Supplemental Compliance Program Guidance for Hospitals,

70 FR 4858 (1/05)

? CMS, Avoiding Fraud and Abuse: A Roadmap for Physicians

(6/14) ? Sample Compliance Plan Standards of Conduct

? If you did not receive the link to written materials, please e-mail me at kcstanger@

Disclaimer

? This presentation is similar to any other legal education materials designed to provide general information on pertinent legal topics. The statements made as part of the presentation are provided for educational purposes only. They do not constitute legal advice nor do they necessarily reflect the views of Holland & Hart LLP or any of its attorneys other than the speaker. This presentation is not intended to create an attorneyclient relationship between you and Holland & Hart LLP. If you have specific questions as to the application of law to your activities, you should seek the advice of your legal counsel.

What's the big deal?

Govt concerned that gifts or other kickbacks may cause:

? Overutilization

? Increased program costs

? Corruption of medical decsionmaking

? Patient steering

? Unfair competition

(OIG, Roadmap for New Physicians: Fraud and Abuse Laws)

Govt response: ? Anti-Kickback Statute

("AKS") ? Ethics in Patient Self-

Referrals Act ("Stark") ? Civil Monetary Penalties Law

("CMPL") ? State laws ? Grant requirements

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