Can a Dentist get paid for Patient Referrals and do Fee Splitting?
The following are the rules every dentist need to understand and abide by, especially when considering strategic alliances or marketing contracts:
If you wish to get some relevant legal input, but you are not ready to retain an attorney; you may consider making a 1-hour appointment to discuss the specifics of your situation Dentist's Attorney, for a prepaid legal fee of $475, click here
Florida Administrative Code 64B5-17.003 Patient Referrals.
(1) Split-fee arrangements relating to the referral of patients by a client to another health care practice are prohibited.
(2) As used herein, the term “health care practice” shall mean a lawful and distinct business entity owned and operated under one name by an individual or group of duly licensed health care providers with facilities at one or more locations such as a solo dental practice, group practice, or professional service corporation, which offers health care services to the public within the limits of the professional licenses held by the owners, employees and agents of the business.
(3) Referral of a patient to another dentist in the same health care practice, so long as any remuneration shared by the dentists is not based upon the number of referrals within the practice and the referral of a patient to another dentist within the practice is in the best interest of the patient, is not a split-fee arrangement.
(4) Fee arrangements between dentists in the same health care practice which are based upon productivity or shared net profits are not split-fee arrangements.
(5) Notification forms signed by patients in accordance with subsection (5), above, shall be maintained in the patient's record.
Rulemaking Authority 466.004(4) FS. Law Implemented 456.052 FS. History–New 8-30-90, Formerly 21G-17.003, 61F5-17.003, 59Q-17.003, Amended 8-19-97, 2-15-22.
To find out if the situation you are considering is deemed splitting-fees or paying for patient referrals, feel free to contact us.
If you wish to get some relevant legal input, but you are not ready to retain an attorney; you may consider making a 1-hour appointment to discuss the specifics of your situation with a Dentist's Attorney, for a prepaid legal fee of $475, click here
Ben Mirza is not only an attorney but was formerly a CPA, with a masters of public health. There are over 100,000 attorneys in Florida, less than 500 of whom were ever Certified Public Accountants, and even less have the trifecta combination of law/finance/strategic healthcare background. The benefit of this combined and layered skillset works well for clients who want an advocate to approach the issues holistically.