An Examination of Fee-Splitting Statutes in the Context of Value-Based Health-Care

Manatt, Phelps & Phillips, LLP
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One of the goals of the Affordable Care Act is to align incentives among provider communities and their patients and partners. This effort to create communities of common interest with mutually beneficial incentives is now a key driver of many innovations in the health-care business environment.

However, some states still have in place antiquated statutory prohibitions that hamper positive attempts to promote legitimate business arrangements that promote efficiency and quality. A key example is the state prohibition against fee-splitting.

Originally published in BNA’s Medicare Report on June 5, 2015.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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