Rnasn2017

Yeah I certainly can understand that. If you think the patient would benefit for their own gain. However, what if someone said for each business card you hand out you get a bonus. Doesn't seem ethical when there's an incentive.

Thanks, yes and I thought that anti-stark statue spoke more towards other entities in health care.

Anti-kickback statue states that you can not refer patients for financial gain. If you don't think there is a law or policy for every single thing in nursing then I hope you have malpractice insurance.

It just seems all too fishy to me.

Yes, I understand that. Sure lets assume the patient is home bound, has a skilled nursing need, and has medicare. Is it a violation of the law for an employer (non physician) to give a financial bonus to a employee for referring a patient to the same company (HH Agency) they work for? And a violation to even solicit to the employee's that the employer would give a financial bonus for doing so? And a violation for an employee (LPN/RN/PT/OT) to except this type of bonus for referring the patient to the company they work for? I need to know if this needs to be reported, and if so to whom?

By referring people they know in the community that have medicare, or patients current family members/neighbors/friends. From what I overhead- They would ask them what their insurance is and if it's medicare, they would have the owner of the company or DON call the patient's primary care physician and say that the patient is requesting home health from the home health agency. Or they would have the patient call their PCP and ask for the referral to home health, and the company being the one that told them about their services. Then the RN would get the bonus.

What if the owner of a home health agency offers his employees (nurses) a financial bonus to refer patients to the same home health agency they work for?

Thank you NRSKarenRN, I'm going to contact an attorney!

Ugh, I know right!

Thanks Klone, I'm looking at anti-kickback law right now but I will look into stark law too.

Thank you!

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.

I'm not looking for legal advice, just looking to find where I can find the section of the written law about this.

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.

Sorry for the delayed follow up. I was out of the country and did not have access to internet. The CNA has been promoted to head of the Education department and is now providing education and feedback on things such as my assessments, what I should be educating patients on (patients she's never met), and how I should be documenting exactly what I have been doing. I by no means lack assessment skills, my assessments are thorough, my follow through with patients and relationship with patients is very good, and my documentation is detailed without going overboard. The entire situation makes me very uncomfortable at this point. Soon she states she will be educating me and providing feedback to me on case managing... which she legally can not do. This is just all crossing the line in my professional opinion.