Physicians often enter into friendly relationships with other providers to allow them to use space, equipment, or personnel in their offices. Perhaps it is a good referral source or someone to whom the physician may refer patients. Maybe the parties are thinking of combining practices down the road. It could also be a favor to another doctor who needs some additional space.
Whatever the reasoning, physicians must scrutinize every relationship for legal compliance.
There are many healthcare laws that apply to physicians. One of the key laws is known as the Anti-Kickback Statute (AKS). The AKS is a criminal statute that generally prohibits the exchange (or offer to exchange) of anything of value, in an effort to induce (or reward) the referral of business reimbursable by federal healthcare programs.
The AKS essentially puts into question every relationship between parties where a referral of a federal patient, or other generation of federal business, may take place. This is true whether or not payment is actually involved. What this means is that every business relationship between healthcare providers must be scrutinized to be sure it is compliant, no matter how large or small the interaction might be.
For example, let's consider Dr Jim and Dr Jane, old medical school friends.
