Legal Aspects of Marketing: Advantages, Consequences and How PPACA has Impacted the Rules

Questions impacting what a hospice can and cannot do as part of their marketing activities are hot topics.  Issues impact bonus payments to marketers, steering by discharge planners, intake coordination activities that cross the line, questionable hospice nursing home relationships, ownership of hospices and palliaitve care  programs by physician, and other compliance matters.   The Affordable Care Act amends the definition of “remuneration” under the Civil Money Penalties laws to exclude certain “charitable and innocuous programs.” This significant change will impact OIG Advisory Opinions on what constitutes a kickback, and will permit certain marketing activities that in the past were questionable. Why is marketing  a legal issue? Can it help or hurt?  Answers lie in OIG guidance, advisory opinions, work plans, fraud alerts, bulletins, anti-kickback safe harbors and compliance plans.