Garvey Schubert Barer Legal Update, May 5, 2010.
The purpose of this memorandum is to update you on recent legal developments impacting in-office referrals by physicians as well as referrals to entities in which the referring physicians have a financial interest. The term “in-office referral,” as used in this alert, means an order for tests, goods or supplies provided by an individual working with the ordering physician, but which are not provided by the physician. You should be aware of the following federal and state developments, each of which requires physicians to identify alternative providers for their patients.