What are some examples of federal anti-kickback laws that a Care Plus Medical Ucc franchisee should be aware of?

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The health care industry is heavily regulated. Some of the laws, regulations, and licensing requirements that apply to urgent care clinics and will apply to your Franchised Business, relate to the practice of medicine and the licensing and operation of counseling services; privacy of patient records (including the Health Insurance Portability and Accountability Act of 1996, or HIPAA, and the Health Information for Economic and Clinical Health Act, or HITECH); the relationship of providers and suppliers of health care services with medical professionals, including state and federal anti-kickback and self-referral laws and state Medicaid laws concerning reimbursement for services for those who participate in Medicaid; prohibitions on fee splitting and self-referral restrictions (such as the federal "Stark Law" and similar state laws); and payment systems for medical benefits available to individuals through private insurance and government resources (including Medicare and Medicaid). The form of Business Associate

Agreement that you must sign is attached to this Disclosure Document as Exhibit I. Your Franchised Business may also be required to meet credentialing and enrollment requirements in order to participate in private and government insurance programs.

Whether many of these laws, regulations, and licensing requirements will apply to your Franchised Business, will depend on the location of your Franchised Business, the type of products and services you offer through your Franchised Business, and the types of private and government insurance that you accept at your Franchised Business. The laws and regulations and the permit, license, and certificate requirements that apply to counseling and therapy clinics varies state by state.

Corporate Practice of Medicine

You must not engage in the practice of medicine, urgent care operations, or any other profession that requires specialized training, licensure, or certification unless properly trained, licensed, and certified. You must obtain and maintain all required permits, licenses, and certificates necessary for the operation of your Franchised Business and for offering counseling and therapy products and services. We require, and all states also require, that any person who provides counseling and therapy products and services through your Franchised Business pass all applicable licensing tests and board certifications, be licensed medical professionals according to state law, and maintain at all times all permits, licenses, and certificates necessary to provide these products and services. You may not employ or retain any person who does not meet these requirements, and under no circumstance may a non-licensed medical professional influence, or direct the supervision, administration, delivery, or performance of, medical or urgent care services.

Source: Item 1 — THE FRANCHISOR AND ANY PARENTS, PREDECESSORS, AND AFFILIATES (FDD pages 7–11)