Re: OBCE Update on Fee-Spitting Rule & Online Advertising

[Guest guest]

thank you very much for the clarification Mr. McTeague. I still

have concerns about this type of ad and how it places the profession

in a poor light, although other professions are doing it, it still

doesn't mean we need to. I would just ask that docs think twice if

they need patients that bad, to work on other aspects of their

practices that can improve patient traffic, rather than give away

the farm.

Ron Grice, DC

Albany, OR

Doctors, all,

Since July 2011, the

OBCE has communicated (several times) that online

coupon sales where the fee is split on a per patient

basis between a chiropractic clinic and the

advertising company violates the OAR (24)

prohibitions against “splitting fees or giving or

receiving a commission in the referral of patients for

services.”

Since then there have

been additional developments and questions.

Groupon and Living

Social now offer flat-fee advertising contracts

which do not violate the rule. DCs should make sure

they are signing this version of any contract. These

contracts may have provisions in which the advertiser

holds the revenues in trust until the promotion has

concluded and then deducts their flat fee from the

total.

SprigHealth.com has a

web site where patients may schedule an appointment.

Sprig Health is in the process of modifying their

chiropractic program to come into compliance with the

rule.

One online advertiser

purportedly has charged a “flat fee” which is the

coupon sales total. Since under this arrangement the

cost to the chiropractic clinic would rise or fall

depending on the per patient sales, the OBCE has

determined this also violates the rule.

The Washington State

Chiropractic Quality Assurance Commission is also

addressing this issue. They are asking if the coupon

fee-splitting programs violate their anti-rebate

rule. The OBCE doesn’t have jurisdiction over DCs

licensed in Washington State.

Question: Is it fee

splitting if the doctor’s portion of the split is

donated to a non-profit charity?

Answer: Yes, as the

advertiser still receives a split on a per patient

basis.

Question: A

DC/L.Ac.asks if she can advertise on Groupon as a

L.Ac.?

Answer: The OBCE

would not have jurisdiction as long as chiropractic

& “DC” are not referenced in the advertisement.

However, caution is advised.

Question: A DC has a

LMT in office; can that person advertise with a

fee-splitting coupon advertiser?

Answer: If the LMT is

part of the chiropractic clinic, the answer is No.

Question: A DC has a

LMT in office, can that person advertise with a

fee-splitting coupon advertiser, but also say that a

free chiropractic exam is part of the offer, but the

chiropractor gets no payment?

Answer: The answer is

No.

Dave McTeague, Ex.

Dir.,

Board of Chiropractic

Examiners

Oregon.obce@...

http://www.oregon.gov/OBCE/index.shtml

[Guest guest]

I would like to protest this rule change.

Spitting has never been and never should be a part of a profession which is attempting to become part of mainstream healthcare.

My momma would be appalled if she learned that I was involved in professional spitting, fees or otherwise.

What?

It’s fee splitting not spitting?

Oh.

Nevermind.

But you gotta admit.....

--

E. Abrahamson, D.C.

Chiropractic physician

Lake Oswego Chiropractic Clinic

315 Second Street

Lake Oswego, OR 97034

Website: http://www.lakeoswegochiro.com

Date: Tue, 1 May 2012 14:36:00 -0700

To: <oregondcs >

Subject: OBCE Update on Fee-Spitting Rule & Online Advertising

Doctors, all,

Since July 2011, the OBCE has communicated (several times) that online coupon sales where the fee is split on a per patient basis between a chiropractic clinic and the advertising company violates the OAR (24) prohibitions against “splitting fees or giving or receiving a commission in the referral of patients for services.”

Since then there have been additional developments and questions.

Groupon and Living Social now offer flat-fee advertising contracts which do not violate the rule. DCs should make sure they are signing this version of any contract. These contracts may have provisions in which the advertiser holds the revenues in trust until the promotion has concluded and then deducts their flat fee from the total.

SprigHealth.com has a web site where patients may schedule an appointment. Sprig Health is in the process of modifying their chiropractic program to come into compliance with the rule.

One online advertiser purportedly has charged a “flat fee” which is the coupon sales total. Since under this arrangement the cost to the chiropractic clinic would rise or fall depending on the per patient sales, the OBCE has determined this also violates the rule.

The Washington State Chiropractic Quality Assurance Commission is also addressing this issue. They are asking if the coupon fee-splitting programs violate their anti-rebate rule. The OBCE doesn’t have jurisdiction over DCs licensed in Washington State.

Question: Is it fee splitting if the doctor’s portion of the split is donated to a non-profit charity?

Answer: Yes, as the advertiser still receives a split on a per patient basis.

Question: A DC/L.Ac.asks if she can advertise on Groupon as a L.Ac.?

Answer: The OBCE would not have jurisdiction as long as chiropractic & “DC” are not referenced in the advertisement. However, caution is advised.

Question: A DC has a LMT in office; can that person advertise with a fee-splitting coupon advertiser?

Answer: If the LMT is part of the chiropractic clinic, the answer is No.

Question: A DC has a LMT in office, can that person advertise with a fee-splitting coupon advertiser, but also say that a free chiropractic exam is part of the offer, but the chiropractor gets no payment?

Answer: The answer is No.

Dave McTeague, Ex. Dir.,

Board of Chiropractic Examiners

Oregon.obce@...

http://www.oregon.gov/OBCE/index.shtml

[Guest guest]

Fee splitting or spitting what ever it is legal or not that advertising is an embarrassment to our profession. That is going to come across REAL professional when we are in committee hearings trying to get a level playing field in health careDr. A Caughlin DC CAC155 NW 1st Ave Day, Or. 97845 office fax To: Dave.MCTEAGUE@...; oregondcs From: drscott@...Date: Tue, 1 May 2012 15:00:19 -0700Subject: Re: OBCE Update on Fee-Spitting Rule & Online Advertising

I would like to protest this rule change.

Spitting has never been and never should be a part of a profession which is attempting to become part of mainstream healthcare.

My momma would be appalled if she learned that I was involved in professional spitting, fees or otherwise.

What?

It’s fee splitting not spitting?

Oh.

Nevermind.

But you gotta admit.....

--

E. Abrahamson, D.C.

Chiropractic physician

Lake Oswego Chiropractic Clinic

315 Second Street

Lake Oswego, OR 97034

Website: http://www.lakeoswegochiro.com

Date: Tue, 1 May 2012 14:36:00 -0700

To: <oregondcs >

Subject: OBCE Update on Fee-Spitting Rule & Online Advertising

Doctors, all,

Since July 2011, the OBCE has communicated (several times) that online coupon sales where the fee is split on a per patient basis between a chiropractic clinic and the advertising company violates the OAR (24) prohibitions against “splitting fees or giving or receiving a commission in the referral of patients for services.”

Since then there have been additional developments and questions.

Groupon and Living Social now offer flat-fee advertising contracts which do not violate the rule. DCs should make sure they are signing this version of any contract. These contracts may have provisions in which the advertiser holds the revenues in trust until the promotion has concluded and then deducts their flat fee from the total.

SprigHealth.com has a web site where patients may schedule an appointment. Sprig Health is in the process of modifying their chiropractic program to come into compliance with the rule.

One online advertiser purportedly has charged a “flat fee” which is the coupon sales total. Since under this arrangement the cost to the chiropractic clinic would rise or fall depending on the per patient sales, the OBCE has determined this also violates the rule.

The Washington State Chiropractic Quality Assurance Commission is also addressing this issue. They are asking if the coupon fee-splitting programs violate their anti-rebate rule. The OBCE doesn’t have jurisdiction over DCs licensed in Washington State.

Question: Is it fee splitting if the doctor’s portion of the split is donated to a non-profit charity?

Answer: Yes, as the advertiser still receives a split on a per patient basis.

Question: A DC/L.Ac.asks if she can advertise on Groupon as a L.Ac.?

Answer: The OBCE would not have jurisdiction as long as chiropractic & “DC” are not referenced in the advertisement. However, caution is advised.

Question: A DC has a LMT in office; can that person advertise with a fee-splitting coupon advertiser?

Answer: If the LMT is part of the chiropractic clinic, the answer is No.

Question: A DC has a LMT in office, can that person advertise with a fee-splitting coupon advertiser, but also say that a free chiropractic exam is part of the offer, but the chiropractor gets no payment?

Answer: The answer is No.

Dave McTeague, Ex. Dir.,

Board of Chiropractic Examiners

Oregon.obce@...

http://www.oregon.gov/OBCE/index.shtml

[Guest guest]

I also want to thank you Dave for your timely response and clarification on this most important issue.    I would heartily agree with Ron Grice that this type of advertising-legal or not - is embarrassing to our profession and the doctors using it should find other ways of building their practices.  There are plenty of professional and legitimate ways to build a practice without resorting to this demeaning-degrading  way of securing new clients.

Schneider DCPDX

 

Doctors, all, 

Since July 2011, the OBCE has communicated (several times) that online coupon sales where the fee is split on a per patient basis between a chiropractic clinic and the advertising company violates the OAR   (24) prohibitions against “splitting fees or giving or receiving a commission in the referral of patients for services.”

 Since then there have been additional developments and questions.

 Groupon and Living Social now offer flat-fee advertising contracts which do not violate the rule. DCs should make sure they are signing this version of any contract. These contracts may have provisions in which the advertiser holds the revenues in trust until the promotion has concluded and then deducts their flat fee from the total.

 SprigHealth.com has a web site where patients may schedule an appointment. Sprig Health is in the process of modifying their chiropractic program to come into compliance with the rule.

 One online advertiser purportedly has charged a “flat fee” which is the coupon sales total. Since under this arrangement the cost to the chiropractic clinic would rise or fall depending on the per patient sales, the OBCE has determined this also violates the rule.

 The Washington State Chiropractic Quality Assurance Commission is also addressing this issue. They are asking if the coupon fee-splitting programs violate their anti-rebate rule.  The OBCE doesn’t have jurisdiction over DCs licensed in Washington State.

 Question: Is it fee splitting if the doctor’s portion of the split is donated to a non-profit charity? 

Answer:  Yes, as the advertiser still receives a split on a per patient basis.

 Question:  A DC/L.Ac.asks if she can advertise on Groupon as a L.Ac.?

Answer:  The OBCE would not have jurisdiction as long as chiropractic & “DC” are not referenced in the advertisement. However, caution is advised.

 Question:  A DC has a LMT in office; can that person advertise with a fee-splitting coupon advertiser?

Answer:  If the LMT is part of the chiropractic clinic, the answer is No.

 Question:  A DC has a LMT in office, can that person advertise with a fee-splitting coupon advertiser, but also say that a free chiropractic exam is part of the offer, but the chiropractor gets no payment?

Answer:  The answer is No.  

Dave McTeague, Ex. Dir.,Board of Chiropractic Examiners

Oregon.obce@...

 http://www.oregon.gov/OBCE/index.shtml

  

-- Schneider DC PDX

[Guest guest]

Thank you, Dave, for providing some clarity and guidelines. Just seems like no matter how you cut it, this type of advertizing does the Chiropractic profession no good.It's a lose-lose situation for all involved. Can't imagine that a person who wants $600-800 worth of eval and treatment and only has to pay $49 to $79 will ever be a very good patient. In the meantime, it casts shadows on the integrity of all chiropractors. Either they are "giving away" something that has little value anyway or they are crooks who are picking people's pockets with ridiculously high fees. Blah!Ann To: oregondcs Sent: Tuesday, May 1, 2012 2:36:00 PMSubject: OBCE Update on Fee-Spitting Rule & Online Advertising

Doctors, all, Since July 2011, the OBCE has communicated (several times) that online coupon sales where the fee is split on a per patient basis between a chiropractic clinic and the advertising company violates the OAR (24) prohibitions against “splitting fees or giving or receiving a commission in the referral of patients for services.†Since then there have been additional developments and questions. Groupon and Living Social now offer flat-fee advertising contracts which do not violate the rule. DCs should make sure they are signing this version of any contract. These contracts may have provisions in which the advertiser holds the revenues in trust until the promotion has concluded and then deducts their flat fee from the total. SprigHealth.com has a web site where patients may schedule an appointment. Sprig Health is in the process of modifying their chiropractic program to come into compliance with the rule. One online advertiser purportedly has charged a “flat fee†which is the coupon sales total. Since under this arrangement the cost to the chiropractic clinic would rise or fall depending on the per patient sales, the OBCE has determined this also violates the rule. The Washington State Chiropractic Quality Assurance Commission is also addressing this issue. They are asking if the coupon fee-splitting programs violate their anti-rebate rule. The OBCE doesn’t have jurisdiction over DCs licensed in Washington State. Question: Is it fee splitting if the doctor’s portion of the split is donated to a non-profit charity? Answer: Yes, as the advertiser still receives a split on a per patient basis. Question: A DC/L.Ac.asks if she can advertise on Groupon as a L.Ac.?Answer: The OBCE would not have jurisdiction as long as chiropractic & “DC†are not referenced in the advertisement. However, caution is advised. Question: A DC has a LMT in office; can that person advertise with a fee-splitting coupon advertiser?Answer: If the LMT is part of the chiropractic clinic, the answer is No. Question: A DC has a LMT in office, can that person advertise with a fee-splitting coupon advertiser, but also say that a free chiropractic exam is part of the offer, but the chiropractor gets no payment?Answer: The answer is No. Dave McTeague, Ex. Dir.,Board of Chiropractic ExaminersOregon.obce@... http://www.oregon.gov/OBCE/index.shtml