May a HHA give remuneration to a physician’s immediate family member or a member of his office staff?
Depends. Under Subsection 400.474(6)(j), Florida Statutes, home health agencies are prohibited from giving remuneration to a member of the physician’s office staff or an immediate family member of the physician if the home health agency has received a patient referral in the preceding 12 months from that physician or that physician’s office staff. As defined by section 400.462(19), Florida Statutes, “immediate family member” means a “husband or wife; a birth or adoptive parent, child, or sibling; a stepparent, stepchild, stepbrother, or stepsister; a father-in-law, mother-in-law, son-in-law, daughter-in-law, brother-in-law, or sister-in-law; a grandparent or grandchild; or a spouse of a grandparent or grandchild.” H ome health agencies should carefully review and document their referrals and monitor referral sources to determine whether a referral has been made to the home health agency by the physician or physician’s staff. As for the effect of the 2009 amendment, please see FAQ 14.2.
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