Can a home health agency give their Nurses/PT/OT financial bonuses for referrals?

  1. I can't find the law for this, so if someone can please help direct me to actual documentation that states it is or is notagainst the law, it would be much appreciated.

    Can a home health agency give their Nurses/PT/OT financial bonuses for referring PATIENTS to come on service?

    I believe the answer is 100% no. It's illegal and ethically wrong. But I need to see the actual written law before taking this further.
    Last edit by NRSKarenRN on Aug 2 : Reason: editted title to reflect post content
  2. Visit Rnasn2017 profile page

    About Rnasn2017

    Joined: Apr '18; Posts: 18; Likes: 9

    35 Comments

  3. by   Sour Lemon
    You appear to be seeking legal advice which we are not allowed to give ...and inost cases, probably not competent to give. You should consider consulting with a lawyer.
  4. by   Rnasn2017
    Quote from Sour Lemon
    You appear to be seeking legal advice which we are not allowed to give ...and inost cases, probably not competent to give. You should consider consulting with a lawyer.
    I'm not looking for legal advice, just looking to find where I can find the section of the written law about this.
  5. by   hppygr8ful
    Have you tried to Google this - Google knows all

    Really if you online access to a decent library you can fine just about anything. I paid to main access to my colleges library and it has been very helpful.

    Hppy
  6. by   Meriwhen
    An attorney would probably give you the fastest and most accurate answer.

    That being said, I suppose you could start with your state's laws to see if you can find anything. Each state should have a website where all of the legislature can be found. For example, for California, you could start here:
    Code Search
  7. by   Rnasn2017
    Quote from Meriwhen
    An attorney would probably give you the fastest and most accurate answer.

    That being said, I suppose you could start with your state's laws to see if you can find anything. Each state should have a website where all of the legislature can be found. For example, for California, you could start here:
    Code Search
    Thank you, unfortunately is money is tight! But I am going to try and find one to answer some direct questions about this matter before paying any retainer.
  8. by   Rnasn2017
    Quote from hppygr8ful
    Have you tried to Google this - Google knows all

    Really if you online access to a decent library you can fine just about anything. I paid to main access to my colleges library and it has been very helpful.

    Hppy
    Thank you!
  9. by   klone
    Google Stark Law

    I am not an attorney nor do I play one on TV, so I don't know if Stark Law applies to non-physicians.
  10. by   Sour Lemon
    Quote from Rnasn2017
    I'm not looking for legal advice, just looking to find where I can find the section of the written law about this.
    Good luck. Even when I can find legal answers on my own, they're so oddly written that I can't possibly make sense of them.
  11. by   Rnasn2017
    Thanks Klone, I'm looking at anti-kickback law right now but I will look into stark law too.
  12. by   Rnasn2017
    Quote from Sour Lemon
    Good luck. Even when I can find legal answers on my own, they're so oddly written that I can't possibly make sense of them.
    Ugh, I know right!
  13. by   NRSKarenRN
    Quote from Rnasn2017

    Can a home health agency give their Nurses/PT/OT financial bonuses for referring PATIENTS to come on service?
    NO for patients receiving Medicare and Medicaid.


    Medicare Fraud & Abuse: Prevention, Detection, and Reporting .

    Medicare fraud typically includes any of the following:
    ● Knowingly submitting, or causing to be submitted, false
    claims or making misrepresentations of fact to obtain a
    Federal health care payment for which no entitlement
    would otherwise exist
    ● Knowingly soliciting, receiving, offering, and/or paying
    remuneration to induce or reward referrals for items or
    services reimbursed by Federal health care programs


    CASE STUDIES
    To learn about real-life cases of Medicare fraud and abuse and the consequences for culprits, visit the Medicare Fraud Strike Force webpage
  14. by   Rnasn2017
    Thank you NRSKarenRN, I'm going to contact an attorney!

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