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  • Is Payment to a Referring Optometrist Considered a Kickback?


    An optometrist refers patients to our surgeon for a cataract evaluation, and the patients often choose to return to the optometrist for co-management of their post-operative care. When the patient opts for a premium intraocular lens (IOL) after the consultation, we send a payment to the referring optometrist for the premium IOL portion of the care. Is that considered a kickback?

    Answer:

    This could be interpreted as a payment for referral. The nonoperating practitioner’s co-management fees should be commensurate with the service(s) provided and separately billed by the nonoperating practitioner.

    See Ophthalmologists to Pay Multimillion-Dollar Settlements in 3 Kickback Cases