Title 42 U.S.C. 1395nn prohibits business referrals in which Medicare funds are used, between a physician and an "immediate family member."
Under 42 CFR 411.351, "Immediate family member" or "member of a physician's immediate family" means husband or wife; birth or adoptive parent, child, or sibling; stepparent, stepchild, stepbrother, or stepsister; father-in-law, mother-in-law, son-in-law, daughter-in-law, brother-in-law, or sister-in-law; grandparent or grandchild; and spouse of a grandparent or grandchild.
Based upon your stated facts, a durable medical equipment business arrangement between your brother your husband or you would violate federal law.
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