ROWAN UNIVERSITY POLICY

Title: Professional Services Agreements
Subject: Office of Compliance & Corporate Integrity (OCCI)
Policy No: OCCI: 2013: C05
Applies: RowanSOM
Issuing Authority: Rowan President & RowanSOM Dean
Responsible Authority: RowanSOM Chief Compliance and Privacy Officer
Adopted:

...

 12/15

...

/2009
Amended:

...

07/01/2013
Last Reviewed:

...

 01/07/2015

I.

...

PURPOSE

To provide guidance as to the execution of professional services agreements ("Professional Services Agreements" or "Agreement") between Rowan University School of Medicine (RowanSOM), on behalf of its operating units, physicians, physician entities, nurses, and other professionals (collectively " RowanSOM Professionals)" and, Providers (as defined in the "Definitions" Section herein), and compliance with Stark Law, the federal Anti-Kickback Statute, and their relative regulations and directives.

II.

...

ACCOUNTABILITY

Under the direction of the President, the RowanSOM Dean, General Counsel, and Chief Compliance and Privacy Officer shall ensure compliance with this policy. The RowanSOM Associate Deans, Clinical Chairs and Executive Director shall implement this policy.

III.

...

APPLICABILITY

A. This policy applies to all RowanSOM operating units including, but not limited to, hospitals, outpatient centers, physicians, physician practices, nurses, and other professionals employed by RowanSOM.

B. Although this policy is written so as to provide guidance for executing Professional Services Agreements in which RowanSOM Professionals are providing health care-related services to a Provider (see, for example, Section V. Procedure, Paragraph C: " RowanSOM Professionals shall provide the Provider with a written statement or other documentation substantiating the services that have been rendered prior to each payment."), this policy should be and is intended to be construed to apply also when the Provider is providing health care-related services to RowanSOM. In such cases, the guidelines set forth in this policy shall apply equally to a Provider.

IV.

...

DEFINITIONS

A. "An actual source of health care business or referrals to RowanSOM, or between RowanSOM and a physician (or a physician's immediate family member (as defined at 42 C.R.F. 411.351)" - include, but are not limited to, another Physician, hospitals, long-term acute care centers, nursing homes, clinics, physician group practices, therapists and other individuals and entities who are in a position to influence or make referrals.

...

 G. "Provider" - providers of health care services or business including, but not limited to, facilities and other entities and individuals with whom RowanSOM Professionals may enter into agreements to provide goods and services.

V.

...

REFERENCES

A. 42 U.S.C. § 1320a-7b; 42 C.F.R. § 1001.952(a)-(v); 42 U.S.C. § 1395nn(e)(3); 42 C. F. R. § 411.350 et. seq.;

...

C. 66 Fed. Reg. 856 (Jan 4, 2001); 69 Fed. Reg. 16054 (March 26, 2004); General Statement on Agreements with Referral Sources, Approval Process Policy; Corporate Integrity Agreement Between the Office of Inspector General of the Department of Health and Human Services and the University of Medicine and Dentistry of New Jersey, September 25, 2009.

VI.

...

POLICY

A. All Professional Services Agreements, as defined in Section IV must be in writing, for at least one year signed by the parties, and provide for fair market value payments that are set in advance for the services to be rendered.  Payments shall not be determined in a manner that takes into account the volume or value of any referrals or other business generated between the Provider and RowanSOM. The Professional Services Agreements shall contain one or more provisions to the effect that no written or oral understanding exists between the parties thosepatient referrals are a part of the agreement, arrangement and/or financial relationship.

...