Marketing any healthcare service or item is at the tip of the sword in terms of regulatory investigation and enforcement. It’s that simple. And so when your lawyers drag you through laws like the Anti-Kickback Statute, the Florida Patient Brokering Act, the federal health insurance fraud law, the bona fide employee exception, the personal services arrangement and management contract safe harbor and EKRA, thank them! And expect nothing less. If you do ANYTHING at all in the neighborhood of marketing a healthcare item or services, the first place to start is: meet with a very experienced healthcare lawyer who is not learning on your dime. And have them take a couple hours to educate you about the laws, the options and the risks of each one. And once you’ve done that, ask them what more you can do to reduce your risk, for instance— Get a written opinion letter validating the proposed business activity; Have any compensation externally fair market valued (guesstimates are very risky); Have PSA and BFE compliant agreements prepared; and Formulate policies and regular verification procedures (e.g. quarterly written attestations). Healthcare marketing of any item or service involving any payer at all is super high risk. Measure twice, cut once!

For more info, visit www.floridahealthcarelawfirm.com or call (561) 455-7700.