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
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
Let me set the record straight with health fairs and Telemedicine when it comes to labs especially CGX and PGX. First off to be a lab rep due to the changes with in my
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
Let me explain on what’s compliant and what’s not by CMS and OIG guidelines. First off you can’t get paid per specimen or based off reimbursements that’s 100% illegal. Now if Your going to be in the business I would advise to consult with a healthcare attorney first and for most understand the new laws put in place called EKRA. Which basically means you can’t be compensated off samples and adjudications. Now you can be 1099 employee under safe harbor but needs to be flat fee contract or W-2 employee but with that stated you need to be compensated by an independent fair Market valuation on the scope of services you are doing for the lab. Now what’s compliant with a health fairs. You can have booth at a health fair but you can only educate potential patients that meet NCCN guidelines and tell them if you would like to take this test you need have your Primary care Dr approve the test. You cant swab anyone it’s illegal. CGX is not considered a screening test it’s a preventative Diagnostics test. Telemedicine is illegal first off if a marketer is paying a Telemedicine consultant that’s a kickback and second the results need to implemented with on going care of the patient. A telemed Dr that does a 5 min consult does not doing that. Yes labs and marketers are being indicted for doing things that are not compliant. But these test are great test but individuals need to understand what’s compliant and what’s not. And if a genetic counselor is not involved and the primary care Dr your setting yourself up for legal trouble. Please do your research before getting involved and speak with a healthcare attorney before stepping foot in this business.
