Anti-Kickback Law Not Triggered By Referrals by Non-Physicians for Independent Living Services
A recent Advisory Opinion issued by the Health and Human Services Office of Inspector General (OIG) set out that a proposed arrangement by a continuing care retirement community (CCRC) to provide gift cards to individuals who referred seniors to the CCRC would not violate the federal Anti-Kickback Statute.
The underlying facts of Advisory Opinion 10-05 are as follows: Requestor operated several CCRCs, which provided the following services to seniors:
- Independent living
- Assisted living
- Skilled nursing services
The Requestor proposed an arrangement whereby current CCRC residents or employees would receive a gift card (the amount of which was redacted from the Opinion) if they recommend a prospective resident to the independent living community only. To qualify for the gift card, the current resident/employee must submit the prospective resident’s contact info; the prospective resident much be eligible for services; and the prospective resident must tour the community within 90 days.
If the prospective resident moves into the community within 12 months of the tour, the resident will receive a one-time credit (if an employee made the referral, he/she would receive a check).
