Q: I have been approached by a home health agency, which offered my practice a cash payment for each patient I refer to it. Is this something I am allowed to accept?
A: No. It is a Class A misdemeanor for a physician to accept, directly or indirectly, overtly or covertly, any remuneration in cash or in kind for securing or soliciting a patient or patronage for another person. This applies to any entity, not just home health agencies.
A person convicted of a Class A misdemeanor can be fined up to $4,000, confined in jail for one year, or both. A second conviction for the same offense is punishable as a third-degree felony. In addition to the criminal aspect of this situation, the Texas Medical Board can discipline a physician for violating this provision.
In case you are wondering, this law does not apply just to physicians. It applies to anyone licensed by a Texas health regulatory agency.
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Last Updated On
June 22, 2010
Originally Published On
March 23, 2010