Physician Joint Ventured Pharmacies Require Guidance
The pressure is intense on physicians to find additional sources of revenues to balance their losses as a result of reduced reimbursement and other moves to reduce healthcare costs.
In return, physicians are pressuring compounding pharmacies and other healthcare providers for ways to participate in the income stream that physicians and their scripts and referrals produce. There are those who want to put their hands in the pockets of others, and the result is a perfect storm that must be carefully monitored by the legal advisers to physicians and to compounding pharmacies to make sure that EVERYONE complies with the regulatory requirements.
And this is a very fluid environment — what may be acceptable today may not be tomorrow — the OIG’s concerns with PODs and the company-model for anesthesia in ASCs are instructive to physician owned pharmacies..
Florida physicians are being approached to become owners of pharmacies to which they may refer, often compounding pharmacies, but may be unaware of the regulatory issues involved. Physicians need to be aware of the core laws that apply, which include the Florida Patient Self Referral Act (FPSRA), the Florida
Anti Kickback Statute
, the Patient Brokering Act and the Federal Investment Interest Safe Harbor.
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Joseph Rugg's Health Law Blog 