Question

Suppose the percentage Dr. Greber paid to the physicians has not exceeded Medicare's guidelines. Would that payment still amount to prohibited remuneration in this courts eyes?

United States v. Greber United States Court of Appeals for the Third Circuit 760 F.2d 68, cert. denied, 474 U.S. 988 (1985)

Answer 1

In case the percentage paid to physicians has not exceeded Medicare's guidelines, Dr. Greber would still be held liable. Also, the payment would still be amount to prohibited remuneration. Even though the payment made had a legitimate purpose but it could still be viewed as intent to reduce referrals as it has violated a statue. Additionally, the law sees remuneration as anything that has monetary value. Therefore, the court would still see that installment as an illegal remuneration.