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

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. 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.


  2. 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 Murphy serves clients throughout New York State and always pays referring attorneys a reasonable referral fee in contingency cases


  3. 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.


  4. 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 may not be applicable in your jurisdiction. Answers posted to Avvo are for general information only. Do not conclusively rely on any information posted online when deciding what to do about your case. Every case depends is fact dependent, and responses are limited to and is based on the information you posted. No attorney-client relationship shall be created through the use reading of this response on Avvo. You should never delay seeking legal advice, disregard legal advice, or commence or discontinue any legal action because of information in this response.


  5. 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/d1/2/12/1/s1871.7

    We offer general concepts, but you should give ALL your facts to a licensed Attorney in your state before you RELY upon any legal advice.


  6. 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


  7. 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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