The Office of the Inspector General weighed in on whether a consultant providing gift cards to physicians for referrals is considered a kickback.
In a letter posted Jan. 3, the OIG said the situation did not violate the anti-kickback statute.
The OIG was responding to a letter from an unnamed source that provides consulting services to physician practices to support their businesses in a variety of ways, including identifying workflow issues, supporting digital transformation and data analytics, and more. Some of the services could result in higher Merit-Based Incentive Payment Systems reimbursement.
The practices pay the consultant a fee for services unrelated to reimbursement. The consultant gives customers recommending services to other physician practices a $25 gift card per recommendation, and if the referral turns into a new customer, the consultant provides another $50 gift card.
The consultant does not recommend customers purchase, lease or order items or services under a federal healthcare program.The consultant also doesn't have ownership or investment in other entities providing products or services paid for by the federal health program, according to the letter.
The OIG did state the opinion was applicable to the requestor, and would not be applied to any other request due to the individual circumstances.