Does the Director fulfil his responsibilities in accordance with the legal provisions relating to the specific body with which he cooperates? While it is always best to consult an experienced professional before entering into an agreement with a medical director, compliance with the above criteria can offer protection for both the physician and the facility. Yet, there are often situations where a doctor bears the title of medical director. However, the physician does not necessarily perform essential roles or functions, but the title is sometimes given for referring patients to the facility. This type of situation can – and do – a responsibility within the framework of services must be actual services that are required by the organization that employs the medical director, no double or unnecessary work. An agreement in which a company pays a doctor for services that the doctor does not provide or that are not actually necessary is likely an illegal agreement, often because the agreement is a cover-up to compensate the doctor for his or her referrals to the company. Here are the most important questions for evaluating your medical director positions: Failure to meet these standards can put both doctors and institutions in hot water under the False Claims Act. For example, on May 24, 2019, the U.S. Department of Justice announced that it was charged with a False Claims Act case against the public health agency Doctor`s Home Care, Inc. (Doctor`s Choice) and its owners for “violations of the False Claims Act resulting from the alleged payment of bribes in the form of fictitious agreements for medical directors and payments to the spouses of zuts,” – I am intervening.
The OIG is looking for “fictitious” arrangements in which the position of medical director is just a smokescreen to conceal illegal payments for transfers. However, it is quite legitimate to pay a medical director who provides truly necessary services. There are a few important points you need to keep in mind to meet the Safe Harbor or Exception requirements outlined above. These points are relevant to any doctor and any institution that includes a medical direction agreement, including pharmacies and hospitals where the media director can refer his patients to the company. . . .