Risk management: navigating the legal waters of physician referral

In its OBRA laws and safe harbors, the Federal government seeks to prohibit direct or indirect remuneration of physicians for patient referrals. Physicians must become familiar with the laws and regulations, and use that knowledge to guide practice structure, referrals, and investments. Practices must comply with the regulations' intent; activities designed to meet safe harbors but which still generate illegal remuneration are not protected. Legal counsel can help physicians determine whether state or licensing agency requirements vary from Federal requirements.