{"ref":"MO-HH-ETH-02","title":"Referrals, Kickbacks, Patient Inducements, and Accurate Marketing","category":"Ethics","summary":"Prohibits paying, offering, soliciting or accepting anything of value for referrals under Missouri's health care fraud law and the federal Anti-Kickback Statute, limits gifts and inducements to patients, requires written fair-market-value arrangements with referral sources, protects each patient's free choice of provider, and requires marketing and public information about services and their limits to be accurate, as 42 CFR §484.105(i)(2) requires.","inShort":["Never pay, give or accept anything of value in return for a referral.","Do not give patients cash, gift cards or other gifts to choose or stay with the Agency.","Patients may choose any home health agency. Never pressure them.","Describe our services honestly, including any limits.","Report any offer of payment for referrals to the Administrator."],"primaryCitation":"RSMo §191.905","citations":["RSMo §191.905.2 to .5","RSMo §191.905.7","13 CSR 70-3.030(3)(A)3","13 CSR 70-3.030(3)(A)29","13 CSR 70-3.030(3)(A)35"],"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)","42 CFR §484.50(c)(4)"],"surveyorAsks":["Do you pay anyone, or give anything of value, for referrals?","How do you make sure patients know they can choose any home health agency?"],"forms":[],"headings":["Terms of Reference","1. Purpose","2. Scope","3. Definitions","4. Policy Statement (RSMo §191.905)","5. What Staff Must Not Do","6. Permitted Arrangements","7. Gifts and Benefits to Patients","8. Patient Choice","9. Accurate Marketing and Public Information","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":"mo-hha","state":"Missouri","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}}