February 17, 2020

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Fee-Splitting Prohibition and Physician Practice Management Arrangements

In previous columns, we have reviewed New York’s prohibition on splitting fees for professional services by physicians and other licensed medical professionals who are not in a common medical practice such as a partnership or professional corporation. Most states have some form of this prohibition, but New York’s is unusual in that it is found in both statute and regulation. Education Law §6530 includes among the definitions of professional misconduct:

18. Directly or indirectly offering, giving, soliciting, or receiving or agreeing to receive, any fee or other consideration to or from a third party for the referral of a patient or in connection with the performance of professional services;

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About this Author

Francis Serbaroli, Greenberg Traurig Law Firm, New York, Healthcare and Litigation Attorney
Shareholder

Francis J. Serbaroli is a shareholder in the Health Care & FDA Practice of Greenberg Traurig's New York office. Frank has three decades of experience in the health care industry. His clients include health insurers and managed care plans; hospitals, nursing homes, clinics, ambulatory surgery centers and home health agencies, clinical laboratories, renal dialysis providers, faculty practice plans, pharmaceutical companies, and medical device and equipment manufacturers. He handles a wide range of corporate, regulatory, compliance, reimbursement, corporate governance,...

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