Medicare Compliance & Reimbursement

Don’t let common gift-giving practices get you into hot water.

Reduce your risk during the coming festive season by taking these simple actions surrounding gifting:

1. Ensure you have in place — or develop — a strong gift policy.

2. Review the written policy with staff, along with:

• What to do when a patient, referring physician or other healthcare organization offers you a gift.
• Why staff should turn down gifts if they’re unsure of the giver’s motivations; and
• Who to contact in your organization with any questions.

“This is the time to remind all staff of your entity’s specific gift policy,” urge attorneys Grant Dearborn and Laura Johnson Evans with law firm Shumaker, Loop & Kendrick. “While there will be some who are not happy to be reminded, we must work on having a compliant culture all year round,” Dearborn and Johnson Evans advise in online analysis.

3. Issue a holiday gift compliance reminder as the holidays approach. This could be a mini-learning session, email or breakroom chart briefly outlining what is and is not acceptable. Reiterate contact info for clarifications.

4. Confirm that the dollar amounts of gifts you actually give/receive are nominal and in line with your policy and current regulations.

5. Verify your agency and staff are using the gift-tracking process to record gifts given/received.

6. Obtain expert guidance when needed. Besides in-house resources, reach out to professional organizations, industry trade associations, legal counsel, and the HHS Office of Inspector General (OIG). (The OIG issues policy statements and advisory opinions.)

Remember: It is equally important to have a policy as to check if you are compliant. And, when faced with a questionable gift, never be afraid to say “We appreciate the thought, but no thank you.”