Saint Joseph Health System Corporate Identity and Graphic ...

� This matrix is designed to primarily address the Stark Law implications of physician marketing activities and is not intended to cover all
applicable federal and state law. The physician marketing activity should also be reviewed for compliance with state and federal truth in advertising
laws (i.e., Lanham Act), State Boards of Medical Practice limitations and regulations and state laws on apparent agency.
Physician Marketing
Activity
� ��� �
Yes Caution Not allowed
1. Publishing all medical staff member names,
photo, office address and area of specialty
in Hospital Medical Staff Directory.
2. Publishing all medical staff member
names, photo, office address and area
of specialty on Hospital web site.
3. Publishing name, photo, office address and
area of specialty in Hospital web site with
web link to Physician’s private practice web
page.
4. Create a special section on the Hospital’s
web page or banner advertising of a
particular service line with the physician’s
name, office address and other information
about the physician’s services (such a
bariatric or cardiac surgery programs).
5. Provide free assistance in ad layout, design
and placement for print or web advertising
for physicians on the Hospital Medical Staff
(existing or new medical staff members).
6. Publish an article on a Hospital service with
brief quotations from a Hospital or
community physician about the medical
service at the Hospital.
7. Publish an article on a Hospital service with
the physician prominently featured with
quotations, office contact information and or
fee information.
8. Publish an article on a Hospital service with
the physician paying fair market value based
on the costs of the layout, placement fees,
and other charges for the service based on the
percentage of the article referencing the
physician vs. the hospital service.
EMPLOYED
PHYSICIANS
PHYSICIANS UNDER
CONTRACT WITH THE
HOSPITAL TO PROVIDE A
SERVICE BUT THE
HOSPITAL BILLS AND
COLLECTS FOR THE
PROFESSIONAL SERVICES
11
ALL OTHER PHYSICIANS
(PHYSICIANS UNDER CONTRACT
WITH THE HOSPITAL TO
PROVIDE A SERVICE BUT THE
PHYSICIAN BILLS AND
COLLECTS FOR PROFESSIONAL
SERVICES) i
� � �Incidental medical staff
benefit. 2
� � �Incidental medical staff
benefit.
See footnote #2.
� ���Hospital owned service
lines. 3
� ���Hospital owned service
lines.
See footnote #3.
� ���Hospital owned service
lines.
See footnote #3.
� ���Rotate the physicians
selected. ..
� ���
Hospital owned service
line and rotate physicians
selected. .
���This area of the law is unsettled.
The recommended approach is to
include the web link cost in the
annual $300 limit per physician or
charge a fair market value fee. 4
�This practice would only be
allowed if the Hospital charges the
physician fair market value for the
advertising. 5
�
���Allowed, but consider how much
of the article is devoted to
promoting the physician’s private
practice of medicine as opposed to
general medical information useful
to the public. Rotate the physicians
selected.
�This approach may cross the line
from incidental medical staff
benefits to the unpaid promotion of
a physician’s private practice of
medicine.
� � �Ok, but recommended to print a
disclaimer that the ad was paid for
by both parties.