Saint Joseph Health System Corporate Identity and Graphic ...

Physician Marketing
Activity
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Yes Caution Not allowed
9. Publish an announcement for new physicians
on the Hospital medical staff (only once and
for all new physicians joining the medical
staff).
10. Provide free or below cost hospital
advertising services for a newly recruited
physician while the physician is under a
Recruitment Agreement with the hospital.
11. Publish a hospital ad that includes photos of
physicians on staff in
that service line (picture of OB physician
with nursing staff on OB unit).
12. Product manufacturers or third parties offer
free or discounted advertising (based on
purchasing practices or not) which may
mention Hospital by name.
13. Provide an advertisement for a joint venture
with a physician.
EMPLOYED
PHYSICIANS
PHYSICIANS UNDER
CONTRACT WITH THE
HOSPITAL TO PROVIDE A
SERVICE BUT THE
HOSPITAL BILLS AND
COLLECTS FOR THE
PROFESSIONAL SERVICES
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12
ALL OTHER PHYSICIANS
(PHYSICIANS UNDER CONTRACT
WITH THE HOSPITAL TO
PROVIDE A SERVICE BUT THE
PHYSICIAN BILLS AND
COLLECTS FOR PROFESSIONAL
SERVICES) i
N/A N/A � The only way this service could
be provided is to charge back the
fair market value of the service to
the physician or group.
� ���Hospital owned service
line and should rotate
physicians selected.
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���Gray area. Best practice is to
rotate physician selected in the
picture and rotate among all
significant hospital service lines, not
just high referring service lines.
N/A N/A � The activity is not permitted
unless the costs are fully charged
back and allocated in accordance
with the percentage of ownership of
the joint venture.
1 The term “all other physicians” includes non-employed, independent medical staff members and hospital/physician
joint ventures such as imaging and ambulatory surgery centers.
2 Under the incidental medical staff benefits exception under Stark Law, the Hospital may provide members of the
medical staff with items or services (non-cash) on campus so long as it is not based on the volume or value of referrals;
is reasonably related to the provision of medical services and the Hospital’s mission, is less than $25 per occurrence (or
is calculated into the $300 annual limit of non-monetary compensation) and the item or service is consistent with the
types of benefits offered by other hospitals within the same local region.
3 When the hospital owns the service line and bills and collects for the physician’s professional fees, the hospital may use
the fair market value or personal services exception under Stark. One key requirement of the fair market value and
personal services exception is that the agreement between the parties be in writing for the services or items provided,
among other requirements.
4 Under the non-monetary compensation exception under Stark Law, up to $300.00 per year, (non-cash) per physician,
may be provided if all of the following conditions are satisfied: (i) the amount of the advertising support provided is not
based in any manner that takes into account the value of volume of referrals or other business generated between the
parties, (ii) the money is not solicited by the physician or the physician’s practice (including employees and staff
members), (iii) the compensation arrangement does not violate the anti-kickback statue or any federal or state law
governing billing or claims submission. The Hospital must have a system to track the item or service provided annually
per physician.
5 Fair market value under Stark and the anti-kickback law is essentially the same; the value of the advertising services
being provided in an arms-length transaction when the buyer and seller are not otherwise in a position to generate
business for the other party. In other words, the value or cost of the advertising services is consistent with the cost of
services purchased from a commercial advertising agency or at least the cost to the hospital providing the services if
there is no comparable service that can be purchased from an outside vendor. Under the fair market value exception to
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