I am thinking of addding an associate to my practice and want to "incentivize" them to perform certain services. A bonus if you will, based on RVU, and performance.
As part of my review, I have seen that DME is particulalry problematic as there are certain Stark Laws regulating incentenvizing certain services, "Designated Health Services".
What do I do to stay compliaint with these issues and still be able to offer bonuses for performance?
#1 We are not attorney's here, so the first thing I would suggest is to contact an attorney well versed in Stark and Contract law.
2) WIthin Stark there are certain exceptions to the law, including ancillary services provided by the doctor. This includes DMEPOS familiar to DPMs including surgical dresings, therapeutic shoes, AFO's etc.
But they must be provided by the DPM if they are to stand up to the rules of Stark and within them in particular Designated Health Services (DHS).
Interestingly enough, shoes and surgical dressings are not designated as DHS and so their provisions in terms of delivery are a bit easier to work with in terms of who at the facility dispenses and how bonus incentives can be structured.
3) If this sounds complicated it is, and that is why #1 is to contact an attorney well versed in these matters. Spending a few thousand up front will save you tons of money should your contract be inappropriate.