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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Business Law
Satisfied Customers: 117366
Experience:  All corporate law, including non-profits and charitable fraternal organizations.
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Healthcare attorney question. I own a concierge clinic

Customer Question

Healthcare attorney question.
I own a concierge clinic that doesn't accept any kind of healthcare insurance and I have vendors that want to pay for my advertising. Would there be any kind of Stark Law violation taking place?
Submitted: 2 years ago.
Category: Business Law
Expert:  Law Educator, Esq. replied 2 years ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

If you are not accepting any type of insurance or medicare/medicaid, then Stark and the anti-kickback statutes do not apply to your business. Furthermore, you would not be under the False Claims Act, the Civil Monetary Penalties Statute, and the Exclusionary Statute that apply to practices that take insurance money.

The vendors can thus pay for your advertising in this type of situation, since the medical practice regulations would not apply to the cash only practice that takes no insurance.

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