Wiki Anti-Kickback statute question

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LenaM

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A receptionist in one of our specialty clinics has been soliciting patients with a side hustle business that she has. Proving them with her personal information and business info. It is not healthcare related. Would something like this be also a form of violating the statute? She would be providing services for pet care and we feel it may be inferred as special treatment for the patients to stay at the clinic. Any advise you have is appreciated.
 
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This is a better question directed to the practice attorney or the compliance officer at your group. Aside from that, it's just a bad idea overall regardless of what the more serious implications would be.
 
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amyjph said:
This is a better question directed to the practice attorney or the compliance officer at your group. Aside from that, it's just a bad idea overall regardless of what the more serious implications would be.
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I agree that it's a bad idea overall.

A current employee shouldn't be soliciting your customers for her side business. If your employee handbook doesn't already prohibit that, I'd make it a new policy going forward.
 
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LenaM said:
A receptionist in one of our specialty clinics has been soliciting patients with a side hustle business that she has. Proving them with her personal information and business info. It is not healthcare related. Would something like this be also a form of violating the statute? She would be providing services for pet care and we feel it may be inferred as special treatment for the patients to stay at the clinic. Any advise you have is appreciated.
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Hi there, first of all, this is a very interesting question. Second, this doesn't look like a kickback because the service isn't free, and (I assume) the pet care services are not contingent on being a client of the practice.

Personally, if I were a patient and the solicitation went beyond a flyer on a notice board in the office I would think it was very weird and look for a practice where the staff is more professional. (That goes for any sort of direct solicitation, except possibly Girl Scout cookies.)

The practice should also be concerned that allowing her to solicit clients looks like an endorsement of her business. I would also say you definitely want to make sure this person has received HIPAA training.
 
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If I were the clinic manager I would not allow this just from a business point of view. People come to see a doctor, not be sold something. If she wants to put pamphlets in the clinic that the patients can pick up and read while they wait, that would be more acceptable.
 
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