{"ref":"CA-HH-ETH-02","title":"Referral Payments, Kickbacks, Patient Inducements, and Referral Services","category":"Ethics","summary":"Forbids offering, paying, soliciting, or receiving anything of value for patient referrals under California law (the Medi-Cal anti-kickback statute, Business and Professions Code section 650 for licensed staff, and the ban on for-profit referral services) and federal law (the Anti-Kickback Statute, the beneficiary inducement rule, and the physician self-referral law), and sets rules for relationships with referral sources, gifts, and marketing staff pay.","inShort":["Never offer, pay, ask for, or accept anything of value for a patient referral.","No gift cards, cash, meals, or free help for doctors, hospitals, or discharge planners.","Patients choose their home health agency. Do not pressure anyone to choose us or to leave another agency.","If someone offers you something for a referral, or asks for something, tell the compliance officer."],"primaryCitation":"Cal. Welf. & Inst. Code §14107.2","citations":["Cal. Welf. & Inst. Code §14107.2","Cal. Bus. & Prof. Code §650","Cal. Health & Safety Code §445","22 CCR §74718(a)(5)"],"federalCitations":["42 U.S.C. §1320a-7b(b)","42 U.S.C. §1320a-7a(a)(5)","42 CFR §1001.952","42 U.S.C. §1395nn","42 CFR §424.22(d)"],"surveyorAsks":["Do you pay anyone, or any service, for referrals?","Show me your agreements with physicians or other referral sources. Who approved them and on what basis?"],"forms":[],"headings":["Terms of Reference","1. Purpose","2. Scope","3. Definitions","4. Policy Statement (Cal. Welf. & Inst. Code §14107.2)","5. Relationships With Referral Sources","6. Gifts, Meals, and Free Services","7. Marketing Staff","8. Patient Choice","9. Responsibilities","10. Records and Compliance Monitoring","11. Staff Training","12. References","13. Related Policies and Forms","14. Approval","15. Revision History"],"version":"1.0","sample":false,"pack":"ca-hha","state":"California","service":"Home health","guides":[{"path":"/guides/home-health-agency-policies/","h1":"What policies and procedures are required for home health agencies?"},{"path":"/guides/home-health-conditions-of-participation/","h1":"Home health Conditions of Participation: which policies each one needs"}],"agency":{"name":"Sample Agency","legalName":"Sample Agency, LLC","logo":null}}