-----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 *********************************************** The LACTNET mailing list is powered by L-Soft's renowned LISTSERV(R) list management software together with L-Soft's LSMTP(TM) mailer for lightning fast mail delivery. For more information, go to: http://www.lsoft.com/LISTSERV-powered.html