STATE COMPLIANCE ADDENDUM
NEW YORK
This State Compliance Addendum is expressly incorporated into that certain Independent Contractor Agreement by and between Practice and Consultant (“Agreement”) and is binding upon the parties thereto (the “Parties”).
The following shall be incorporated into the Agreement and made a part thereof pursuant to Section 10 of the Agreement:
The Parties shall comply with all applicable laws and regulations, including, without limitation:
(i) the Social Security Act, which prohibits the payment or receipt of any remuneration in return for the referral of service covered by federal health benefit programs (42 U.S.C. §1320a-7b(B)), and which prohibits certain physician self-referrals for certain designated health services (42 U.S.C § 1395nn);
(ii) New York State Public Health Law § 238-a and § 238 and the regulations promulgated thereunder, which prohibit a health care provider from making referrals to entities in which the health care provider owns an interest/has a financial relationship;
(iii) New York State Education Law § 6530 and the regulations promulgated thereunder set forth at 8 N.Y.C.R.R. 29.1 and 8 N.Y.C.R.R. 29.2, which, among other things, prohibit certain unprofessional conduct relating to the practice of mental health counseling;
(iv) New York State Education Law § 6530(18) and the regulations promulgated thereunder set forth at 8 N.Y.C.R.R. 29.1(b)(3), which prohibit a healthcare provider from offering, giving, soliciting, or receiving or agreeing to receive, any fee or other consideration to or from a third party for the referral of a patient in connection with the performance of professional services;
(v) New York State Education Law § 6530(19) and the regulations promulgated thereunder set forth at 8 N.Y.C.R.R. 29.1(b)(4), which prohibit professional fee splitting;
(vi) New York State Education Law § 6530(27) and the regulations promulgated thereunder set forth at 8 N.Y.C.R.R. 29.1(b)(12)(i), which prohibit licensees from, among other things, advertising or soliciting for patronage against the public interest, including, but not limited to, advertising or soliciting that is false, fraudulent, deceptive, misleading, sensational, or flamboyant;
(vii) New York State Education Law § 8407 and the regulations promulgated thereunder set forth at 8 N.Y.C.R.R. 29.15, which, among other things, proscribe certain unprofessional conduct in the practice of mental health counseling and psychoanalysis, including, the prescribing or administering drugs as a treatment, therapy, or professional service, or using invasive procedures as a treatment, therapy, or professional service; and
(viii) New York Workers’ Compensation Board rules and regulations set forth at 12 N.Y.C.R.R. § 325-1.16, which prohibit, among other things, certain advertising practices, including the dissemination of public communication containing statements that are false, deceptive or misleading.
STATE COMPLIANCE ADDENDUM
NEW JERSEY
This State Compliance Addendum is expressly incorporated into that certain Independent Contractor Agreement by and between Practice and Consultant (“Agreement”) and is binding upon the parties thereto (the “Parties”).
The following shall be incorporated into the Agreement and made a part thereof pursuant to Section 10 of the Agreement:
The Parties shall comply with all applicable laws and regulations, including, without limitation:
(i) the Social Security Act, which prohibits the payment or receipt of any remuneration in return for the referral of service covered by federal health benefit programs (42 U.S.C. § 1320a-7b(B)), and which prohibits certain physician self-referrals for certain designated health services (42 U.S.C § 1395nn);
(ii) N.J.S.A. § 45:9-22.4 and the regulations promulgated thereunder, which collectively prohibit a practitioner from: (i) giving or receiving any remuneration in exchange for the referral of a healthcare good or service and (ii) making referrals to entities in which the practitioner owns an interest;
(iii) New Jersey Statutes, Title 45 (“Professions and Occupations”), and the respective regulations promulgated thereunder set forth at, among others, N.J.A.C. § 13:42-1.1 et. seq., N.J.A.C. § 13:44G-1.1 et. seq., N.J.A.C. § 13:34-1.1 et. seq., and N.J.A.C. § 13:34C-1.1 et. seq., which regulate and govern the professional conduct and scope of practice of, among other licensed professionals, psychologists, social workers, marriage and family therapists, and alcohol and drug counselors, respectively;
(iv) any and all laws and regulations which prohibit licensed professionals, including psychologists, social workers, marriage and family therapists, and alcohol and drug counselors, from paying, offering to pay or receiving any fee or other form of compensation for the referral of a client/patient in connection with the performance of professional services or for the purchase of goods, including, without limitation, N.J.A.C. § 13:42-10.14, N.J.A.C. § 13:44G-10.9, N.J.A.C. § 13:34-6.6, and N.J.A.C. § 13:34C-1.9(5)(x);
(v) any and all laws and regulations which prohibit professional fee splitting, including, without limitation, N.J.A.C. § 13:42-10.14(b), N.J.A.C. § 13:44G-10.9(e), N.J.A.C. § 13:34-6.6(f) and N.J.A.C. § 13:34C-1.9(5)(xi); and
(vi) any and all laws and regulations which prohibit engaging in the use of advertising that is false, fraudulent, misleading or deceptive with regard to the performance of professional services, including, without limitation, N.J.A.C. § 13:42-9.7, N.J.A.C. § 13:44G-11.6, N.J.A.C. § 13:34-9.6 and N.J.A.C. § 13:34C-1.9(13).
STATE COMPLIANCE ADDENDUM
CALIFORNIA
This State Compliance Addendum is expressly incorporated into that certain Independent Contractor Agreement by and between Practice and Consultant (“Agreement”) and is binding upon the parties thereto (the “Parties”).
The following shall be incorporated into the Agreement and made a part thereof pursuant to Section 10 of the Agreement:
The Parties shall comply with all applicable laws and regulations, including, without limitation:
(i) the Social Security Act, which prohibits the payment or receipt of any remuneration in return for the referral of service covered by federal health benefit programs (42 U.S.C. §1320a-7b(B)), and which prohibits certain physician self-referrals for certain designated health services (42 U.S.C § 1395nn);
(ii) California Business & Professions Code § 650 et seq. (the California Physician Ownership and Referral Act of 1993; “PORA”), California Labor Code § 139.3, and the regulations promulgated thereunder, which prohibit a health care provider from making referrals to entities in which the health care provider owns an interest/has a financial relationship;
(iii) California Business & Professions Code, Division 2 (“Healing Arts”) and the regulations promulgated thereunder set forth at 16 CCR § 1396 - §1397.2 (Psychologists), 16 CCR § 1823 (Licensed Professional Clinical Counselors), 16 CCR § 1845 (Licensed Marriage and Family Therapists), 16 CCR § 1858 (Licensed Educational Psychologists), and 16 CCR § 1881 (Licensed Clinical Social Workers), which, among other things, prohibit certain unprofessional conduct relating to the practice of mental health counseling;
(iv) California Business & Professions Code § 650 et seq., California Business and Professions Code § 2960, California Corporations Code § 13408.5, and the regulations promulgated thereunder, which prohibit a healthcare provider from offering, giving, soliciting, or receiving or agreeing to receive, any fee or other consideration to or from a third party for the referral of a patient in connection with the performance of professional services;
(v) California Business & Professions Code § 650 et seq., California Business and Professions Code § 2960, California Corporations Code § 13408.5 and the regulations promulgated thereunder which prohibit professional fee splitting;
(vi) California Business & Professions Code § 650(c) and the regulations promulgated thereunder, which prohibit licensees from, among other things, disseminating or causing to be disseminated any form of public communication containing a false, fraudulent, misleading, or deceptive statement, claim, or image for the purpose of or likely to induce, directly or indirectly, the rendering of professional services or furnishing of products in connection with the professional practice or business for which he or she is licensed;
(vii) California Business & Professions Code § 2904 and the regulations promulgated thereunder, which, among other things, proscribe certain unprofessional conduct in the practice of mental health counseling and psychoanalysis, including, the prescribing or administering drugs, performing surgery, or conducting electroconvulsive therapy as a treatment, therapy, or professional service;
(viii) California Workers’ Compensation Board rules and regulations set forth at Cal. Lab. Code § 139.45, which prohibit, among other things, certain advertising practices, including the dissemination of public communication containing statements that are false, deceptive or misleading.
