I am a marketer and I need to know the Stark laws regarding Workman's Compensation? Also any personal injury laws?

Asked over 1 year ago - Rancho Santa Margarita, CA

I work with Doctors who would like me to bring them Referrals or patients and they want to pay me for my services in doing so. I would like to work with other marketers as well.

What can I say without breaking the law to another marketer or ancillary group?
What can I do for a doctor to market his office without breaking the law?
Can I make a deal to buy other marketers or ancillaries referrals or patients for my doctors offices?

Attorney answers (7)

  1. Robert Bruce Kopelson

    Contributor Level 20

    11

    Lawyers agree

    Answered . You need to look for an atty familiar with the laws and regs concerning referral services for doctors, medical ethics, health care laws etc. I dont think PI attys are generally involved in the business end of medical referrals. Perhaps avvo has business law or health care law atty headings to search.

  2. Sean Michael Patrick

    Contributor Level 16

    10

    Lawyers agree

    Answered . This is not a personal injury question. Best of luck with your marketing efforts.

    I am licensed in California, therefore, my answers are based on general prinicpals of law or California law, which... more
  3. Ryan M. Finn

    Pro

    Contributor Level 13

    11

    Lawyers agree

    Answered . If a Physician compensates you for referrals he is egregiously violating several laws as a physician is absolutely forbidden from sharing a fee with any non-physician. This is not really a Stark issue (which deals with self-referrals) but is a clear violation of the doctors ethical obligations as well as State and Federal laws that forbid the practice.

    Ryan Finn * 518.213.0115 * Rfinn@hackermurphy.com * Referrals are the highest form of compliment * Hacker... more
  4. George Ellis Corson IV

    Contributor Level 20

    9

    Lawyers agree

    Answered . Please review CA Insurance Code 1871.7. I believe the statute covers what you are discussing, and it is a bad idea.
    http://codes.lp.findlaw.com/cacode/INS/1/d1/2/1...

    We offer general concepts, but you should give ALL your facts to a licensed Attorney in your state before you RELY... more
  5. Christian K. Lassen II

    Pro

    Contributor Level 20

    9

    Lawyers agree

    Answered . Not a good idea unless you want to end up in the big house.

    Only 29% Contingency Fee! Phone: 215-510-6755 www.InjuryLawyerPhiladelphia.com
  6. David B Pittman

    Pro

    Contributor Level 20

    8

    Lawyers agree

    Answered . This is a double sided question. How can you get in trouble for gifting and how can the doctors get in trouble for accepting gifts from you. Both need to be explored. I would consult an attorney in your state to ensure you are not violating and laws by doing this. I assure you that the cost of having an attorney look a this situation and properly advising could be far less if you are fined or penalized for improper activity.

  7. Robert Andrew Michael Burns

    Contributor Level 17

    5

    Lawyers agree

    Answered . You should be able to generate the fees necessary to obtain ongoing legal counsel to assist you. I recommend that you do so.

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