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Can a Physician Have a Give Away?

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socaldk:
Hello All,

I am looking for some guidance for a client regarding a planned open house.

The doctor recently re-opened his practice. He wants to invite former patients to an open house where light refreshments would be served.

He also wants to "advertise" the idea that everyone that comes to the open house would receive a "gift", in this case a Starbucks card ($5.00) or so.

Is there a legal issue with doing such a promotion? *We are in MI (if that matters).

Thank you in advance!

Michele:
I think that it is ok.  I have been to open houses where they did giveaways.  Not to every person, but they did several giveaways.  Hopefully Linda will see this post.  She has more legal background than I do!

PMRNC:
Under federal anti-kickback statutues there are expceptions for gifts and incentives such as:

The gifts must be “inexpensive” (i.e., a retail value of no more than $10 individually or $50 total annually per patient).
The gifts cannot be cash or eligible for cash equivalents.
You cannot give the gift with the intent of “securing your services to a patient.”

Now since these items/promotional gifts are being given whether the patient is a patient or not I'd say that you would be ok doing what your doing. I live in a small town and our local physicians office when it changed hands did something similar with an open house and everyone that attended got a small gift bag and there was a raffle of a $50 Bed Bath and Body Card. They didn't exclude anyone that may or may not have become a patient.

I would just make sure that there are not gifts or enticements for referals at all.

socaldk:
Thank you both! This is very helpful!

Michele:
I knew Linda would have some details for you!

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