By Kim Stanger
Many healthcare employers may want to incentivize or compensate their employees for referring patients to or generating business for the employer, but they (appropriately) fear application of the federal Stark law or Anti-Kickback Statute. The “Paying for Referrals” White Paper analyzes these laws and relevant exceptions that may permit referral-based compensation structures under certain circumstances.
By Kim Stanger
Republished with permission, this article originally appeared in the online edition of Idaho State Bar’s The Advocate on March 11, 2020.
Attorneys risk substantial fines, malpractice claims, and even jail time for violating any of several laws implicated in even simple healthcare transactions. Federal and state healthcare laws potentially affect any financial transaction involving healthcare providers, including employment or service contracts, group compensation structures, investment interests and joint ventures, leases for space or equipment, marketing programs, and patient billing practices. Failure to comply may result in significant fines and penalties for clients as well as malpractice claims—or worse—against their lawyers. This article describes several statutes and regulations that can be traps for the unwary in healthcare transactions. Read more
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