30 Miss. Code. R. 2001-13-124

Current through October 18, 2024

Section 30-2001-13-124

It is unethical for a doctor of chiropractic to receive a fee, rebate, rental payment or any other form of remuneration for the referral of a patient to a clinic, laboratory or other health service entity. The MSBCE recognizes that there are some forms of rental agreements for space or equipment which are legitimate arm-length business transactions not conditioned on patient referrals. The MSBCE also recognizes that the federal government has developed guidelines which outline those circumstances in which space or equipment rentals would not constitute an illegal or improper form of remuneration in return for Medicare or Medicaid referrals. These guidelines appear in title 40 of the Code of Federal Regulations, Part 1001 and may be summarized and adapted for the purposes of our ethical standards as follows:

1. The lease agreement is in writing and signed by the parties.

2. The lease specifies the space or equipment covered by the lease.

3. If the lease is intended to provide the lessee with access to the premises or equipment for periodic intervals of time, rather than on a full-time basis for the term of the lease, the lease specifies exactly the schedule of such intervals, their precise length, their periodicity, and the exact rent for such intervals.

4. The term of the lease is for not less than one year.

5. The rental charge is consistent with fair market value in arms-length transactions and is not determined in a manner that takes into account the volume or value of any referrals of business between the parties.

30 Miss. Code. R. 2001-13-124

Miss. Code Ann. § 73-6-5(1) (1972)