{"ref":"LA-HH-ETH-02","title":"Advertising, Patient Solicitation, Referrals, and Kickbacks","category":"Ethics","summary":"Sets out the Agency's rules on truthful advertising and public information, the ban on harassing, bribing, coercing or intimidating patients to choose or change agencies, the ban on paying or receiving anything of value for referrals under Louisiana and federal law, permitted activities such as health fairs and free blood pressure screenings, and the patient's right to choose an authorized healthcare provider and agency without interference.","inShort":["Patients choose their home health agency freely. Never pressure, bribe or frighten anyone into choosing us.","Never offer, pay, ask for or accept anything of value for a referral.","Do not give patients gifts, cash or free services to get or keep their business.","Everything we say about our services, staff and awards must be true.","Free blood pressure checks at health fairs are allowed."],"primaryCitation":"LAC 48:I §9115.B.3","citations":["LAC 48:I §9115.B.1.k","LAC 48:I §9115.B.2","LAC 48:I §9115.B.3","LAC 48:I §9111.C.3","LAC 48:I §9111.C.7","LAC 48:I §9103.A.2.f","LAC 48:I §9123.B","R.S. 40:2116.36(C)(7)","R.S. 46:438.2","R.S. 37:1744","R.S. 37:1745"],"federalCitations":["42 U.S.C. §1320a-7b(b)","42 U.S.C. §1320a-7a(a)(5)","42 U.S.C. §1395nn","42 CFR §1001.952","42 CFR §484.105(i)(2)"],"surveyorAsks":["Show me your brochures and website. Is every statement about your services, staff credentials and accreditation true?","How do your marketers or community liaisons get paid? Is any pay tied to referrals?"],"forms":[],"headings":["Terms of Reference","1. Purpose","2. Scope","3. Definitions","4. Policy Statement (LAC 48:I §9115.B.3)","5. Advertising and Public Information","6. What Staff Must Not Do","7. Permitted Activities","8. Patient Choice","9. Financial Relationships with Referral Sources","10. Reporting Concerns","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-hha","state":"Louisiana","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}}