Referral Fee/Bonus?

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Specializes in Surgical Specialty Clinic - Ambulatory Care.

So my sister in law is harping on me. She works with a lawyer who does Mesothelioma cases. She tells me that this lawyer will give me 100K for every referral that ends up being a case he can do something with. I have tried to tell her that I don’t think I can do that due to Stark Laws. I’ve never been much of a saleswoman anyway. But then I think, is this how those law nurse consultants get rich? Is this legal? Any thoughts?

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Specializes in RETIRED Cath Lab/Cardiology/Radiology.

This is unethical and illegal, to receive kickbacks for referrals.

https://www.asahq.org/quality-and-practice-management/managing-your-practice/timely-topics-in-payment-and-practice-management/anti-kickback-statute-and-physician-self-referral-laws-stark-laws

Nurse consultants earn their money in other ways.

"Legal nurse consultants are registered nurses who possess an in-depth knowledge of nursing, medicine, and the healthcare system, making them valuable contributors to the legal team and in all types of medico-legal cases. Legal nurse consultants serve as:

Analysts

Collaborators

Strategists

Researchers

Educators

The primary role of legal nurse consultants involves evaluating, analyzing, and delivering opinions concerning medical issues and health outcomes in medico-legal cases or issues. For example, in medical malpractice cases, legal nurse consultants evaluate the delivery of healthcare in relation to the Standards of Care, while in personal injury cases, they evaluate health outcomes related to the conditions and injuries of the plaintiff.

Legal nurse consultants possess a working knowledge of substantive and procedural law within their practice setting; however, their scope of practice does not include practicing law nor does it encompass the role of a paralegal or legal assistant." https://www.msnedu.org/legal-nurse-consultant/

Do your research and hold your ground.

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Your sister in law needs not only to be educated in how unlawful that practice is but in Ethics101. Stand your ground!

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Get this documented and report him to the bar.

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This does not strike me as having anything to do with anti-kickback statute or Stark laws.

It is for sure, though, a ginormous HIPAA violation on your part, one that seems like it could only look worse by you being paid handsomely for illegally providing PHI. It is also generally unethical, which should be obvious. This whole thing is just weird. No way $100K is coming your way no matter what, and your SIL isn't too bright! What's her cut supposed to be--or is she hooking her lawyer pal up with you for free? ?

This is best filed in the category: Come on, now...

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Specializes in Community health.
34 minutes ago, JKL33 said:

It is for sure, No way $100K is coming your way no matter what, and your SIL isn't too bright!

This is best filed in the category: Come on, now...

Morality aside, this is the bottom line! Next time someone offers you a year’s salary to do a few minutes worth of work ... well, that pretty much speaks for itself.

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