Stark and anti kick back laws
Susan and Harold
Description
Collection
Title:
Stark and anti kick back laws
Creator:
Susan and Harold
Date:
12/3/2006
Text:
I recently saw a patient who is the young son of one of my better
referring physicians. I provided him with 2 prescribed devices. Due to
their high deductible, I elected to bill them only my cost of the
devices which is my policy for employees and benefits for other
referral sources. The total amount of the benefit was under the $300
annual restriction imposed by either the Stark laws or the anti-kick
back laws. This was a few weeks ago and my office staff is concerned
that we have stopped getting referrals from this physician. They
believe that I should have given the devices to the doctor's son at no
cost at all and that the doctor may be punishing us by holding back on
referrals. Obviously, there could be other reasons for the drop in
referrals from this source but I want to be clear on these laws and how
they impact my benefits for referral sources.
In a recent coding and billing seminar, I seem to remember the mention
of a restriction of $50 per incident and $300 per year in the value of
anything given to referral sources and that they cannot be given with
the condition of referrals. Unfortunately, I didn't write it down and,
in my on line searches, I can only find the $300 restriction. Due to
the nature of these laws, I doubt that I would be caught giving a higher
value gift but it's not in my nature to get business by illegal means.
I've previously been given the opportunity to do so in order to match
what my competition seems willing to do but have turned it down. On the
other hand, I don't want to be misreading what the laws actually allow
and give up business needlessly.
Any input on how these laws affect us in the giving of gifts and/or
providing of services for referral sources?
Harold Anderson, CO
referring physicians. I provided him with 2 prescribed devices. Due to
their high deductible, I elected to bill them only my cost of the
devices which is my policy for employees and benefits for other
referral sources. The total amount of the benefit was under the $300
annual restriction imposed by either the Stark laws or the anti-kick
back laws. This was a few weeks ago and my office staff is concerned
that we have stopped getting referrals from this physician. They
believe that I should have given the devices to the doctor's son at no
cost at all and that the doctor may be punishing us by holding back on
referrals. Obviously, there could be other reasons for the drop in
referrals from this source but I want to be clear on these laws and how
they impact my benefits for referral sources.
In a recent coding and billing seminar, I seem to remember the mention
of a restriction of $50 per incident and $300 per year in the value of
anything given to referral sources and that they cannot be given with
the condition of referrals. Unfortunately, I didn't write it down and,
in my on line searches, I can only find the $300 restriction. Due to
the nature of these laws, I doubt that I would be caught giving a higher
value gift but it's not in my nature to get business by illegal means.
I've previously been given the opportunity to do so in order to match
what my competition seems willing to do but have turned it down. On the
other hand, I don't want to be misreading what the laws actually allow
and give up business needlessly.
Any input on how these laws affect us in the giving of gifts and/or
providing of services for referral sources?
Harold Anderson, CO
Citation
Susan and Harold, “Stark and anti kick back laws,” Digital Resource Foundation for Orthotics and Prosthetics, accessed November 2, 2024, https://library.drfop.org/items/show/227730.
