Читать книгу A Dentist’s Guide to the Law - American Dental Association - Страница 78

In addition to the rules that apply to advertising generally, a dental practice should review proposed advertising and other published materials that refer to federal health care programs such as Medicare, Medicaid and CHIP to make sure they are in compliance with any additional requirements set by those programs.

For example, a dental practice should avoid using symbols and logos of government agencies in their promotional and other published materials. Government seals and logos, such as the seal of the U.S. Department of Health and Human Services (HHS), may not be used by the private sector on their materials, which could imply that HHS favors or endorses the practice, its services, or its personnel. State agencies likely have similar restrictions on the use of their logos and symbols.

Although not limited to advertising, federal fraud and abuse laws, such as the federal Anti-Kickback Statute (AKS) and beneficiary inducement prohibition, should also be kept in mind when developing advertising and other materials. The AKS is a federal law designed to prohibit the exchange of any remuneration to induce the referral of business covered by a federal health care program. The AKS even applies if remuneration is merely offered or solicited, but not exchanged. The AKS imposes both criminal and civil sanctions.

Under the beneficiary inducement prohibition, a person who offers or gives a Medicare or Medicaid beneficiary any remuneration that the person knows or should know is likely to influence the beneficiary’s selection of a particular provider, practitioner, or supplier of items or services covered by Medicare or Medicaid may be liable for civil money penalties. There are certain exceptions to the prohibition.

Advertising the routine waiver of Medicare or Medicaid copays could implicate federal fraud and abuse laws. Your state Medicaid agency may have additional requirements or guidance regarding advertising.