Business Law

Ask a Business Lawyer. Get Business Law Questions Answered ASAP.

Ask a Lawyer,
Get an Answer ASAP!

Business Law
This answer was rated:

I need to know all of the sections of the California Dental

Practice Act California Business and...
I need to know all of the sections of the California Dental Practice Act California Business and Professions Code that pertain to "fee splitting." As an example, dentist A obtaining a fee for referring a patient to dentist B when Dentist B provides dental care for the referred patient at Dentist B's dental office.
Show More
Show Less
Ask Your Own Business Law Question
Answered in 2 hours by:
11/9/2013
stevewlaw
stevewlaw, Attorney
Category: Business Law
Satisfied Customers: 207
Experience: 25+ years and millions of dollars in settlements in catastrophic personal injury, wrongful death, and commercial litigation.
Verified

stevewlaw :

Hi [USERNAME], my name is XXXXX XXXXX I will do the best to help you. My advice is general only and does not create an attorney-client relationship. I am still searching for you but the ADA has issued an Advisory Opinion that dentists shall not "split fees." See, http://www.ada.org/1382.aspx. I am still looking into CA law on the issue for you.

stevewlaw :

This was reiterated by the CDA in its own Advisory Opinion in its Code of Ethics. See, http://www.cspd.org/news/message.asp?news_id=541.

stevewlaw :

I am sure you are alwo aware that if the fees are paid under any federal program, the anti-kickback statutes apply. The following is informative in that regard:

stevewlaw :

ANTI-KICKBACK/FEE SPLITTING
Any Dentist considering a marketing program should be aware of Federal and State prohibitions on fee splitting and “kickbacks.” The meaning of these terms are quite broad for Dentists, and even a program that allows for a portion of a dental customer’s payment to be shared with a third party violates the anti-kickback statute and possible state anti-fee splitting statutes as well. [42 USC §1320a-7b(b)]. Viva has gone to considerable effort to ensure that its program is in compliance with these rules.


The Federal Anti-Kickback Statute prohibits any person from:


"...knowingly and willfully offer[ing] and pay[ing] any remuneration (including any kickback, bribe, or rebate)... to any person to induce such person... to refer an individual to a person for the furnishing or arranging for the furnishing of any item or service for which payment may be made in whole or in part under a Federal health care program." [42 USC §1320a-7b(b)].

stevewlaw :

And now having read CA Business and Professions code Section 650(a), it is apparent that any referral fees paid appear to be unlawful. 650. (a) Except as provided in Chapter 2.3 (commencing with Section 1400) of Division 2 of the Health and Safety Code, the offer, delivery, receipt, or acceptance by any person licensed under this division or the Chiropractic Initiative Act of any rebate, refund, commission, preference, patronage dividend, discount, or other consideration, whether in the form of money or otherwise, as compensation or inducement for referring patients, clients, or customers to any person, irrespective of any membership, proprietary interest, or coownership in or with any person to whom these patients, clients, or customers are referred is unlawful.

Customer:

Thank you for this information. All very helpful and worth your fee. I am still looking for a section of the California Dental Practice Act that specifically addresses fee splitting or kickbacks. Maybe it is not there and it is taken care of as a Federal Anti-Kickback Statute. Customer, DDS

stevewlaw :

650(a) appears to be the governing law in CA. The ADA and CDA advisory opinions seem to follow this same principle.

Customer:

Thank you, XXXXX XXXXX check that out. Very helpful.

stevewlaw :

You're very welcome doctor. I am glad I was able to help you. It does appear that section 650(a) of the Dental Practice Act is the only section in the DPA that deals with referral fees. I wish you the best and am glad I could help. Thank you for your positive rating my friend. Best regards, Steve

stevewlaw
stevewlaw, Attorney
Category: Business Law
Satisfied Customers: 207
Experience: 25+ years and millions of dollars in settlements in catastrophic personal injury, wrongful death, and commercial litigation.
Verified
stevewlaw and 87 other Business Law Specialists are ready to help you
Ask your own question now
Ask stevewlaw Your Own Question
stevewlaw
stevewlaw
stevewlaw, Attorney
Category: Business Law
Satisfied Customers: 207
207 Satisfied Customers
Experience: 25+ years and millions of dollars in settlements in catastrophic personal injury, wrongful death, and commercial litigation.

stevewlaw is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Infolawyer

Infolawyer

Attorney

1,851 satisfied customers

Experienced lawyer

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

1,611 satisfied customers

Run my own successful business/contract law practice.

MShore Law

MShore Law

Attorney

1,233 satisfied customers

Drafted Negotiated and/or Reviewed Thousands of Commercial Agreements

RGMacEsq

RGMacEsq

Attorney

751 satisfied customers

Licensed Texas General Practice Attorney

Barrister

Barrister

Attorney

646 satisfied customers

17 years practicing attorney, JD, BA, MBA

Ely

Ely

Attorney

577 satisfied customers

Counselor at Law.

J.Hazelbaker

J.Hazelbaker

Attorney

393 satisfied customers

Experienced and trained in the area of business law.

< Previous | Next >

Related Business Law Questions
If your small business is broken into and the police are
If your small business is broken into and the police are called, will they allow you to take your ledgers, payroll book business numbers and unpaid bills with you. … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,183 satisfied customers
When a partnership owns a business and one of the partners
When a partnership owns a business and one of the partners works in the business is that partner considered an employee?… read more
LegalGems
LegalGems
Juris Doctorate
10,720 satisfied customers
My business is registered in Delaware as an LLC with a
Hi Pearl, my business is registered in Delaware as an LLC with a partner. My partner is no longer with the company. I would like to move the business to PA where I live. I am also changing the name of… read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
1,003 satisfied customers
Can a proprietorship business be bought and sold? Is
Can a proprietorship business be bought and sold? Is proprietorship business considered to be legal entity? I am the seller and have separate tax id for this my healthcare small business..A buyer gave… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
Is it legal for a business to offer their services to
Is it legal for a business to offer their services to individuals of families that live on or below our government's difinition of the poverty level… read more
Infolawyer
Infolawyer
Attorney
Doctoral Degree
1,851 satisfied customers
I'm looking to buy a business that deals in promotional
hello. I'm looking to buy a business that deals in promotional products. i'm getting an SBA loan which I will personally guarantee. I currently own an S corporation now but taxed as a pass through ent… read more
KLAW
KLAW
Juris Doctorate
1,770 satisfied customers
Looking a the corporate practice of medicine in Illinois
Looking a the corporate practice of medicine in Illinois what are the ownership requirements, can a chiropractor own a medical practice … read more
Infolawyer
Infolawyer
Attorney
Doctoral Degree
1,851 satisfied customers
Business consultant. I started a new business that will
business consultant. I started a new business that will offer 50 percent discounts on products and services. How can I get an email list of potential users of my new product? Either how grown or purch… read more
RGMacEsq
RGMacEsq
Attorney
Doctoral Degree
751 satisfied customers
I decided to sue my business partners. The business is going
I decided to sue my business partners. The business is going to operate in Panama city beach Florida but we live in Pembroke Pines Florida. What court should i use for this? … read more
Damien Bosco
Damien Bosco
3,391 satisfied customers
If I start a new business and want to to create three
If I start a new business and want to to create three sources of revenue; a movie, a book, and a spin off media website, do I need three different entity businesses? Or, do I put it under three separa… read more
Bill Attorney
Bill Attorney
law
1,607 satisfied customers
Can a non medical person own an urgent care practice in
Can a non medical person own an urgent care practice in North Carolina? … read more
Infolawyer
Infolawyer
Attorney
Doctoral Degree
1,851 satisfied customers
Is it regular practice to name a old debtors as defendants
is it regular practice to name a old debtors as defendants in a new Fraudulent conveyance case??… read more
Infolawyer
Infolawyer
Attorney
Doctoral Degree
1,851 satisfied customers
I am in Connecticut and I started a medical practice as an
Hi I am in Connecticut and I started a medical practice as an LLC with my brother with both of us as 50/50 members. The LLC is located in a building. Currently we are have a disagreement and I am wond… read more
Damien Bosco
Damien Bosco
3,391 satisfied customers
I am opening a mental health private practice in WA State. I
I am opening a mental health private practice in WA State. I have read so much information but am still unsure about whether I am required to apply for a PLLC as a licensed professional. Am I required… read more
Damien Bosco
Damien Bosco
3,391 satisfied customers
This is a question about compliance for medical practices
This is a question about compliance for medical practices and chiropractors. We have a med spa business concept that involves offering our brand, access to pharmaceutical discounts, and expertise to h… read more
Asad Rahman
Asad Rahman
Attorney
J.D.
2,300 satisfied customers
A business executive candidate asked a business owner about
A business executive candidate asked a business owner about the details of the business' technology at a meeting. The business owner's IP attorney advised the business owner not to disclose the techno… read more
Damien Bosco
Damien Bosco
3,391 satisfied customers
Can a medical doctor operate in a private practice owned by
Can a medical doctor operate in a private practice owned by her medical doctor spouse, as an extender and be paid a salary as opposed to being paid fee for service? We are in the state of TN. … read more
lawyerJ
lawyerJ
Juris Doctorate
145 satisfied customers
A question about contract consideration. Hypothetical.
A question about contract consideration. Hypothetical.Please take at face value.Landlord and tenant enter into a commercial lease for 24 months for a commercial suite. Landlord obtains a personal guar… read more
RGMacEsq
RGMacEsq
Attorney
Doctoral Degree
751 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x