When structuring compensation models, marketing agreements, or referral arrangements, healthcare practice owners must navigate a complex web of federal and state fraud and abuse law. These rules are designed to protect patients and promote fair competition, but they can make seemingly simple business ideas risky.
Marketing & Referral Agreements
Marketing and referral arrangements can help your practice grow, but they can also create compliance pitfalls. Incentives such as bonuses for referrals, payments for online reviews, or cross-promotional partnerships may violate fraud and abuse laws if not carefully structured.
These arrangements must also comply with state fee-splitting prohibitions, which often restrict how clinicians can share revenue or offer incentives to non-licensed individuals.
Our attorneys help evaluate these strategies, draft compliant agreements, and advise on safer alternative approaches. We ensure your growth initiatives align with federal and state laws while protecting your reputation and business stability.
Two key laws often shape these conversations: the Anti-Kickback Statute and the Stark Law. While they overlap in some areas, each has distinct rules and enforcement risks. Understanding how they apply is critical before launching any new marketing, referral, or compensation strategy.
Fraud, Waste, & Abuse Compliance Plans
Beyond reviewing specific agreements, we help healthcare practices proactively prevent compliance issues through clear internal policies. Our attorneys draft fraud, waste, and abuse policies tailored to your practice’s structure, specialty, and risk level.
These policies define acceptable business practices, outline reporting obligations, and establish clear expectations for your team. They also include workforce training guidelines and enforcement measures to strengthen your compliance program and demonstrate good faith if audited or investigated.
A strong policy not only minimizes legal and financial risk but also protects your reputation and fosters trust with patients and partners.
See our blog for tips about fraud, waste and abuse:
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False Claims Act Allegations: Is Your Practice At Risk?
Why Healthcare Fraud is Landing More Doctors and Execs in Prison
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