These laws make it illegal for a doctor to pay a commission to a referring provider in exchange for the referral. Soon, though, this lucrative scheme collapsed the doctor had to pay $475,000 to resolve the allegations.Īdditionally, most states have enacted prohibitions against fee-splitting. Why? Because the home-health agency compensated him for every referral. The doctor had regularly signed forms certifying patients for home-health treatment despite not examining them. For example, the government recently investigated a Texas-based doctor for violating the AKS. This law aims to ensure that doctors make treatment decisions free from the influence of potential monetary gain. These penalties apply to both the party making and receiving the kickback. If they do, and then send claims to Medicare, they risk both criminal and civil liability. In simple terms, doctors aren’t allowed to pay someone to refer patients to their practice. The Anti-Kickback Statute (AKS) is a federal law, which prohibits knowingly and willfully exchanging compensation for a referral of services payable by Medicare. “I’ll Make it Worth Your While” Is a No-Go in Healthcare Avoid leaving that new script on the printer! Last, you can regularly check your state’s prescription monitoring database to screen for any unauthorized activity. Additionally, keep prescriptions and prescription pads in secure places. Physicians have a responsibility to ensure proper prescribing, and pre-signing prescriptions undermines that responsibility. How do you reduce your risk? It’s all about maintaining control. Ultimately, the physician paid a $300,000 settlement. However, the federal government didn’t care and charged him with violating the Controlled Substance Act. The doctor did not know about his office manager’s fraudulent activity. Unbeknownst to him, his office manager struggled with opioid addiction, and the blank prescription pads allowed her to obtain thousands of oxycodone tablets illegally. Recently, for example, a doctor pre-signed blank prescriptions to be used for refills for established patients. Pre-signing prescriptions may indeed improve efficiency, especially when a physician is on vacation or otherwise out of the office. Such misuse exposes you to heavy monetary penalties, board disciplinary action, or even criminal charges. Here, you open the door for employees, support personnel, or even family and friends to misuse your authority. Signing a blank prescription is illegal because you can never know with certainty how others will use it. Rule-makers don’t want controlled substances getting into the wrong hands. The Food and Drug Administration (FDA), along with many states, bans physicians from pre-signing prescriptions. But how can they know that what they are signing won’t come back to hurt them? How can physicians provide efficient patient care without exposing themselves to civil, or even criminal, liability? Learn about three common areas of risk. To be fair, they are busy a typical doctor signs dozens of documents every day. This post will offer guidance on how physicians can avoid having their signatures of approval turn into legal liability.Īnybody who’s tried to decipher which physician has approved an order knows that doctors don’t have the neatest signatures. But it can also land the doctor in big trouble. A president’s can approve the use of nuclear weapons.Ī physician’s signature? Well, it carries a lot of weight, too. Michael Jordan’s can transcend an old pair of worn-down sneakers into a symbol of greatness. Van Gogh’s can turn a pleasing painting of the night sky into a hundred-million-dollar masterpiece.
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