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Referral Payments, Kickbacks, Patient Inducements, and Referral Services

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.

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About this policy
Policy number
CA-HH-ETH-02
Version
1.0
Main rule
Cal. Welf. & Inst. Code §14107.2
Library
California home health · 58 policies
Category
Ethics
Sections
16

In short

  • 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.

What's inside

16 sections. The full text comes with the One-time Policy Pack.

Full text with a package
  • 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

An inspector may ask

  • 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?

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