{"ref":"LA-HC-ETH-02","title":"Compliance Program, Fraud Prevention, Marketing, and Prohibited Inducements","category":"Ethics","summary":"Sets the Agency's compliance program to prevent, find and correct fraud, waste and abuse in Medicaid and other payers, and the written publicity and marketing policy Louisiana requires, including the prohibition of illegal or coercive inducement, solicitation and kickbacks, misleading advertising, and offers that could steer a client's choice of provider.","inShort":["Never offer or accept anything of value for a client referral. It is illegal under Louisiana and federal law.","Never offer clients gifts, cash or free services to choose or stay with the Agency.","Clients choose their provider freely. Do not pressure them to stay or to switch.","Bill and document only what you actually did. False records or claims are fraud.","Report any concern to your supervisor or the compliance officer, anonymously if you wish. You are protected from retaliation."],"primaryCitation":"LAC 48:I.5029.B.3","citations":["LAC 48:I.5029.B.3","LAC 48:I.5005.G","LAC 48:I.5021.D.7","LAC 48:I.5021.D.8","LAC 48:I.5021.D.9","LAC 48:I.5021.D.15","LAC 48:I.5021.D.16","LAC 48:I.5032.A.3","LAC 48:I.5035.E","LAC 48:I.5055.C.6","La. R.S. 46:437.1 et seq.","La. R.S. 46:438.2","Medicaid Services Manual, Chapter 30, §30.6"],"federalCitations":["42 U.S.C. §1320a-7b(b)","42 U.S.C. §1320a-7a(a)(5)","42 U.S.C. §1320a-7k(d)","31 U.S.C. §3729 et seq.","42 U.S.C. §1396a(a)(68)"],"surveyorAsks":["Show me your publicity and marketing policy and how it prohibits inducements, solicitation and kickbacks.","Who checks your advertising and website for accuracy?"],"forms":[{"ref":"LA-HC-ETH-02-A","title":"Compliance Concern Report"}],"headings":["Terms of Reference","1. Purpose","2. Scope","3. Definitions","4. Policy Statement (LAC 48:I.5029.B.3)","5. Publicity and Marketing","6. No Kickbacks or Inducements","7. The Compliance Program","8. Investigating Concerns","9. Overpayments","10. False Claims Laws and Whistleblower Protection","11. Responsibilities","12. Records and Compliance Monitoring","13. Staff Training","14. References","15. Related Policies and Forms","16. Approval","17. Revision History"],"version":"1.0","sample":false,"pack":"la-hca","state":"Louisiana","service":"Home care","guides":[{"path":"/guides/home-care-agency-policies/","h1":"What policies does a home care agency need?"}],"agency":{"name":"Sample Agency","legalName":"Sample Agency, LLC","logo":null}}