Referrals, Kickbacks, Patient Inducements, and Marketing
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.
About this policy
- Policy number
- MI-HH-ETH-02
- Version
- 1.0
- Main rule
- 42 U.S.C. §1320a-7b(b)
- Library
- Michigan home health · 57 policies
- Category
- Ethics
- Sections
- 17
In short
- 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.
What's inside
17 sections. The full text comes with the One-time Policy Pack.
- 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
An inspector may ask
- 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?
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