Doctors often direct patients to other healthcare professionals for further care, which is a common and accepted practice. However, the line between legitimate referrals and illegal patient brokering can blur when money is involved.
These two practices may appear similar, but they are very different. Knowing the difference between them is crucial to avoid legal troubles.
Patient brokering is profit-driven and can get you arrested
Patient brokering happens when healthcare professionals exchange money for patient referrals without considering the patient’s best interests. This often occurs in addiction treatment centers or other healthcare facilities. It is illegal because it:
- Puts patient care at risk by focusing on profits instead of medical needs
- Raises healthcare costs by providing unnecessary treatments or services
- Erodes trust in the healthcare system
Legitimate patient referrals, meanwhile, are untainted by financial gains. Instead, they focus on delivering optimal care for the patient.
Patient brokering is a federal offense that breaks two important laws: the Anti-Kickback Statute and the Stark Law. The Anti-Kickback Statute makes it illegal to give or receive money or gifts in exchange for patient referrals in federal healthcare programs. The Stark Law also prohibits doctors from sending patients to facilities where they or their family members have a financial stake.
Allegations of patient brokering can lead to serious consequences. If proven guilty, you might have to pay hefty fines, serve jail time and lose your license.
Obtaining legal help when accused
When confronted with a healthcare fraud charge, it is best to have an experienced criminal defense attorney on your side. With strong legal representation, you may be able to show that you did not knowingly take part in illegal referrals. They can also explain how your actions are legally acceptable or point out any violations of your constitutional rights during the investigation.
