-----Original Message-----
From: Johnson, Martha (Lactation-SHMC)
Sent: Sunday, June 09, 2002 2:21 PM
To: [log in to unmask]
Subject: formula and federal antikickback statute


Wendy and Lactnetters:
I just finished taking my hospital's required organizational integrity
training, which included info on the Antikickback statute.  Check out this
language (emphasis mine).  I think this could be a great way to get
hospitals to comply with Step 6 of the Baby Friendly Initiative, through
existing federal regulations.  Has anyone else on Lactnet looked into this?
Marsha Walker or Liz Baldwin want to weigh in here?
Martha Johnson RN IBCLC
Eugene Oregon

Anti-kickback Statute

The  <javascript:void(null);> Anti-kickback statute is a criminal statute
that applies to physicians, individuals, facilities, clinics, and other. To
violate the Anti-kickback statute, a person or entity must offer or receive
or pay or solicit something of value in exchange for or to induce the
referral of federally funded healthcare program patients, items or services.
Under the statute, both parties to a kickback may be subject to prosecution.
Penalties may include fines, exclusion from participation in Medicaid or
Medicare and prison.

An example of a kickback arrangement might be where a facility pays a
physician for consulting services that are not needed or not actually
performed, with the intent that the payment is to compensate the physician
for his referral of Medicare patients to the facility.

Accepting gifts of anything worth more than a nominal value from potential
referral sources, or other persons or entities with which the facility does
business, may violate the Anti-kickback statute. This statute prohibits
receiving gifts from vendors, other than ones of nominal value. It also
prohibits receiving free products or products at below-market prices. As an
example, under the Anti-kickback statute, it would not be appropriate for a
wound care product vendor to supply free dressings to a facility if the
facility has purchased other wound care products from that vendor.

Even accepting gifts and/or cash from patients or their family members can
violate the Anti-kickback statute if these individuals are in a position to
accept or provide referrals for business. Your facility should have
established policies and procedures regarding accepting gifts from patients
or their families. It is important that you familiarize yourself with these
policies and abide by them.

If you have any questions about what is an inappropriate gift, talk to your
supervisor or Director of Nursing. By fully understanding and complying with
these policies, you will avoid placing yourself in an uncomfortable, or
potentially illegal, situation.

-----Original Message-----
From: [log in to unmask] [mailto:[log in to unmask]]
Sent: Sunday, June 09, 2002 1:41 PM
To: Johnson, Martha (Lactation-SHMC)
Subject: Re: NICU cost of formula vs cost of a pump


Martha,

You are on to something!!  I am going to look into going to the ethics
committee with this dilema!!   I think that many of these arguments need to
be put on the table in front of people to enlighten them on a different
point of view.  I also think that one well educated family with skills to
pursuing this issue will change the way hospitals deal with breastpumps.

Thank
Wendy Thomson, RN,BSN,IBCLC
NaturalBeginningsInc.com  <http://www.naturalbeginningsinc.com/>
Breastfeeding Supplies, consultation and information


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