What is the name of your state? FL
A company called XXYZ is offering an opportunity for 1099 contractors to work health fairs, over-55 communities, state fairs, etc., conducting genetic testing for cancer and drug interactions. You set up a table with banners announcing no-cost genetic screening called CGX (cancer genomics) and PGX (pharmaceutical genomics). You do a medical-necessity questionnaire with each person to see if their DNA profile means they may have a risk to get cancer or have drug interactions. The tests are reimbursed by Medicare or insurance, and reps are told they can earn up to $200k-500k+ per year, or $250-500 per correctly completed 20-minute screening, including each person swabbing their own cheek for a DNA sample, and using a telemedicine doctor to get a prescription for the test(s).
The CEO of a site unaffiliated with this marketing concept, however, insists he has tried but that it is illegal for laypersons to conduct these screenings at health fairs etc., without the permission of each person's primary care doctor (not the telemedicine doctor) and/or a family member. He was emphatic that it cannot be done on a 1099 basis, must be W-2 and be done by signing up medical practices directly to do the screens instead—and that there is a $25,000 fine and up to 5 years in prison for doing the screenings at health fairs, etc. without the primary care doctor's knowledge or consent.
Which one is true? Is this legal to do, or no? How do I verify? What government body would have jurisdiction over this to say yea or nay?
Thanks in advance
A company called XXYZ is offering an opportunity for 1099 contractors to work health fairs, over-55 communities, state fairs, etc., conducting genetic testing for cancer and drug interactions. You set up a table with banners announcing no-cost genetic screening called CGX (cancer genomics) and PGX (pharmaceutical genomics). You do a medical-necessity questionnaire with each person to see if their DNA profile means they may have a risk to get cancer or have drug interactions. The tests are reimbursed by Medicare or insurance, and reps are told they can earn up to $200k-500k+ per year, or $250-500 per correctly completed 20-minute screening, including each person swabbing their own cheek for a DNA sample, and using a telemedicine doctor to get a prescription for the test(s).
The CEO of a site unaffiliated with this marketing concept, however, insists he has tried but that it is illegal for laypersons to conduct these screenings at health fairs etc., without the permission of each person's primary care doctor (not the telemedicine doctor) and/or a family member. He was emphatic that it cannot be done on a 1099 basis, must be W-2 and be done by signing up medical practices directly to do the screens instead—and that there is a $25,000 fine and up to 5 years in prison for doing the screenings at health fairs, etc. without the primary care doctor's knowledge or consent.
Which one is true? Is this legal to do, or no? How do I verify? What government body would have jurisdiction over this to say yea or nay?
Thanks in advance
