Chiropractic OnLine Today's Chiropractic Corner's Legal Briefs.
Chiropractic OnLine Today's Chiropractic Corner's
The area of advertising for PI patients is, of course, significantly different from soliciting accident or workers compensation patients. So, in answer to this specific question, let's repeat this doctor's posting:
[I hear the law (FBI and state governments) are looking at new ways to catch
physicians who advertise to auto accident patients. This can be a "gray
area" please give us some feedback about your experiences in this area. I'm
interested in running small ads to attract patients to call a 1800 # for
more info. Also I'm interested in inviting these potential patients to an
open forum where I, one lawyer, and one M. D. would be available to answer
questions. Obviously the best advice is to check with my state board, etc.,
but I wanted your opinion first.]
It is true that investigators are looking to uncover close relationships between attorneys and doctors. MD/DC clinics are also under investigation.
The insurance industry is leading the charge. There is a perception that abuse can occur when there is too close of a relationship between the doctor and the attorney. You have heard about the scams in some states when the attorney and doctor are defrauding insurance carriers. That is not a gray area.
The gray areas are those where there is a close relationship between the parties but no fraud. Still, the relationship between doctor and attorney presents problems since there may be a perception that the relationship is too friendly. These relationships are known by the insurance carriers and fraud units. So they will investigate. You may never know about it. (I've actually served as a mediator in PI cases where the insurance rep. told me that they would not increase an offer due to the unsavory relationship between a DO and an attorney.)
The closeness of the relationship will also come up when the doctor is deposed. It is now a question that comes up frequently to give the jury the perception that the relationship is somehow abusive.
[Note that our conservative advice regarding referrals to attorneys is to give patients who make the request the names of three attorneys who work well with your office. There is nothing wrong with making referrals in this manner.]
As to advertising, many states, like Ohio, prohibit blind 800 number ads. You must identify yourself in the ad in these states. So make sure you speak with your board about the ad before you run it.
Should you hold seminars with attorneys and MD's? These are difficult times for all health care providers. In fact, these are difficult times for many businesses. You have to make sound business decisions to educate the public and keep your office profitable.
If you do hold seminars or discussion groups, make certain that your documentation is sterling, that you feel comfortable with everything you say in your records. Work with an attorney whose reputation is beyond reproach. Keep your fees reasonable. And understand that you will be investigated by someone. My guess is that we've all been reviewed at some point. So take action with the understanding that the world is watching.
Rob Sherman
Recently, Mr. Sherman published a book of Practice Management Tips. To learn more, Email Mr. Sherman at ShermanRPS@aol.com.
OSCA General Counsel