{"ref":"MI-HH-ETH-02","title":"Referrals, Kickbacks, Patient Inducements, and Marketing","category":"Ethics","summary":"Prohibits the Agency and its staff from offering, paying, soliciting or receiving anything of value for patient referrals, and from offering patients inducements to choose the Agency, under the federal Anti-Kickback Statute, the physician self-referral law, the beneficiary inducement civil monetary penalty, and Michigan’s Medicaid False Claim Act (MCL 400.604); protects patient choice; and requires accurate public information and marketing.","inShort":["Never offer, pay, ask for or accept anything of value for patient referrals.","No gifts, meals or free services to doctors or discharge planners unless the Administrator approves a small item in advance.","Patients choose their own home health agency. Do not pressure them.","Describe our services accurately. Never say we are \"state-licensed\"; we are Medicare-certified.","Report any offer of a kickback to the Administrator."],"primaryCitation":"42 U.S.C. §1320a-7b(b)","citations":["MCL 400.604","Medicaid False Claim Act, MCL 400.601 et seq.","Michigan Medicaid Provider Manual, General Information for Providers, Section 6.1","Michigan Medicaid Provider Manual, General Information for Providers, Section 8.1","Michigan Medicaid Provider Manual, General Information for Providers, Section 15.2"],"federalCitations":["42 U.S.C. §1320a-7b(b)","42 U.S.C. §1395nn","42 U.S.C. §1320a-7a(a)(5)","42 CFR §1001.952","42 CFR §484.105(i)(2)","42 CFR §484.58(a)"],"surveyorAsks":["What arrangements do you have with physicians, hospitals or facilities that refer patients to you?","Do you give gifts, meals or free services to referral sources or patients?"],"forms":[],"headings":["Terms of Reference","1. Purpose","2. Scope","3. Definitions","4. Policy Statement (42 U.S.C. §1320a-7b(b) and MCL 400.604)","5. Relationships With Referral Sources","6. Gifts, Meals, and Free Services","7. Patient Choice and Inducements","8. Accurate Public Information and Marketing","9. Reporting Concerns","10. Responsibilities","11. Records and Compliance Monitoring","12. Staff Training","13. References","14. Related Policies and Forms","15. Approval","16. Revision History"],"version":"1.0","sample":false,"pack":"mi-hha","state":"Michigan","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}}