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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?
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04/23/2018

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?
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04/23/2018

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?
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02/27/2018

A.  This is probably not a good idea.

Legal: Mind the threshold

Q. Can I pay a lead generation company for leads?
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01/25/2018

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