Legal Question in Business Law in California
Is it legal for a radiology group (mri,ct, us, X-ray) to buy a referring physician a ct scanner in return for MRI business?
1 Answer from Attorneys
It could very well likely violate federal and state anti-kickback laws. Various factors go into determining whether it would violate these laws, including whether the physician treats Medicare recipients. If I was representing either the radiology group or the physician, I would carefully go over the details of the transaction to determine if they were violating these or other laws. More information is required to make such a determination, and you are not going to be able to get such a determination in this forum. The criminal and civil penalties can be quite harsh. If you are either of the parties mentioned in the question you should have an attorney review the situation. If you are a competitor there may be step you can take.
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