Medicare Compliance & Reimbursement

Attorney Mark Langdon with Arent Fox Kintner Plotkin & Khan in Washington recommends following these tips, included in the personal services safe harbor of the Anti-Kickback Statute, to steer clear of compliance trouble:

1. Insist on having a written contract signed by both parties.
 
2. Be specific: Detail all services to be provided in the contract.

3. Set the term of the contract for at least one year.

4. Set total compensation in advance at fair market value.

If you can't meet all these requirements, at least try to meet as many as possible to protect yourself from kickback risk, Langdon recommends.

Another option: To make things easier, many providers bring their marketing services in-house, Langdon says.