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Todd Moody

Legal: Tread lightly with telehealth prescriptions

Q. Can my patients obtain a prescription based on a phone call with a prescribing practitioner that my company or a third-party marketing company pays for?

A.  There is a good chance the prescription issued will not be valid, and the payment for the telehealth encounter could be problematic under an anti-kickback statute.     

Legal: Don’t run afoul of statute

Q. My patients need a qualifying test and a physician interpretation of that test in order to obtain a prescription for an item. Can I pay for all or part of the cost of the test or the interpretation?

A.  It depends on how the item will be paid for and where the patient lives, but for most patients this would not be acceptable.

Legal: Don’t violate payer contracts

Q. I am not in network with a certain third-party payer. Can I enter into a subcontract agreement with another DME supplier that is in network with that payer?

A.  This is probably not a good idea.

Legal: Mind the threshold

Q. Can I pay a lead generation company for leads?

A.  Yes, but the appropriate payment terms will depend on the nature of the leads.