Professional Courtesy and Discounts: What Every OMS Should Know - On Demand Access

Healthcare professionals frequently offer their colleagues discounted rates or other similar benefits as a professional courtesy. Regardless of good intentions, if it appears that a benefit is being offered in exchange for referrals, you may unknowingly be in violation of the Stark Law, federal Anti-Kickback rules or similar state statutes. These laws exist to ensure that unnecessary procedures are not being performed and that there is an even playing field between providers and practices. OMSs should understand the differences between the various relevant laws (e.g., whether only applicable to designated health services) as well as whether a proposed professional courtesy can generally be offered and, if so, what requirements must be satisfied in order to avoid potential liability. When developing a professional courtesy policy, an OMS may need to consider which services are being discounted, who the discount is being offered to and what requirements must be met in order for the professional courtesy offering to be exempt from scrutiny or fall under a safe harbor provision.

Learning Objectives

At the conclusion of this program, participants should be able to:

1. Identify laws and rules related to professional courtesy offerings (i.e., Stark Law, Anti-Kickback Statute.) 
2. Examine common professional courtesy pitfalls resulting in vulnerability to liability.  
3. Distinguish professional offerings and utilize this knowledge to prepare a generally acceptable professional courtesy policy.  

An Internet-based CDE/CME Activity
Original Release Date: February 14, 2024
Expiration Date: February 14, 2027
Estimated time to complete this educational activity: 1.5 hours
Method of participation: Self-Study

Continuing Education Provider Approval
The American Association of Oral and Maxillofacial Surgeons is an ADA CERP Recognized Provider.

ADA CERP is a service of the American Dental Association to assist dental professionals in identifying quality providers of continuing dental education.

ADA CERP does not approve or endorse individual courses or instructors, nor does it imply acceptance of credit hours by boards of dentistry.

The American Association of Oral and Maxillofacial Surgeons designates this activity for 1.5 continuing education credit(s).

AGD - Accepted Program Provider
FAGD/MAGD Credit
11/1/22-12/31/26
Provider ID# 214680

The American Association of Oral and Maxillofacial Surgeons (AAOMS) is accredited by the Accreditation Council for Continuing Medical Education (ACCME) to provide continuing medical education for physicians.

The American Association of Oral and Maxillofacial Surgeons designates this internet-based enduring material for a maximum of 1.5 AMA PRA Category 1 Credit(s)™. Physicians should claim only the credit commensurate with the extent of their participation in the activity.