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Anit-Kickback and Stark Law Question

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tinapiro:
Hello everyone!  I'm new to the forum and new to the medical billing industry.  I've been trying to think of ways to "thank" doctor's when they send referrals to me.  I would like to give them a discount on their fee, but was told by a couple of people that this would fall under the anti-kickback and stark law regulations and wouldn't be permitted.  I've read both, and I personally don't feel that this is what they are referring to.  Does anyone know for sure whether or not a discount is considered a kickback?

Thanks!!

PMRNC:
It is only a violation if you do a % and in you are in a state that prohibits percentage based contracts for providers.. OR if you are involved in patient referral's or ANY marketing for the practice because then it is a kickback. It's perfectly fine to give them a discount on their invoice as long as you are not involved in patient referral's by any means. This why you really don't see billing companies do marketing for their clients.

tinapiro:
Thanks Linda; that's what I thought it meant!

Alice Scott:
Don Franklin sent me an interesting comment on this.  With his permission I will copy his comments.

"I wanted to share a response from our Attorney regarding the anti-kickback:

What you or medical billers are actually getting is a "fee for service".  The "anti-kickback' or Stark violations only occur when the Dr. is actually splitting patient fees.  For example, if a Biller witnesses an accident and sends one of the injured parties to a specific Dr., the Dr. cannot pay part of the fee as a referral. 

No violation for helping with "Marketing" as long as the Biller is only getting paid for the billing."[/color]

Ultraserve:
Alice,

Great Info Thanks for posting it.

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