Federal Anti-Kickback Statute: Federal law prohibiting the exchange of anything of value to induce or reward referrals in healthcare. Must be considered if agreement involves healthcare services.
Stark Law: Federal legislation that prohibits physician self-referral, particularly relevant if the agreement involves medical services or facilities.
Sherman Antitrust Act: Federal antitrust law that prohibits anti-competitive business practices. Agreement must not create monopolistic situations or restrain trade.
Federal Trade Commission Act: Governs fair business practices and consumer protection. Agreement must comply with FTC guidelines on fair competition and business practices.
HIPAA: Health Insurance Portability and Accountability Act - crucial if agreement involves sharing of patient/healthcare information.
State Anti-Kickback Laws: State-specific regulations on referral compensation, which may be more stringent than federal laws.
State Licensing Requirements: Professional licensing regulations that vary by state and must be adhered to in referral relationships.
State Referral Regulations: State-specific rules governing how referrals can be made and compensated.
State Unfair Competition Laws: State-level regulations preventing unfair business practices and protecting fair competition.
State Privacy Laws: State-specific privacy regulations that may affect information sharing in referral relationships.
Professional Industry Regulations: Specific regulations governing particular industries or professions involved in the referral agreement.
Professional Ethics Codes: Ethical guidelines and requirements set by professional organizations or licensing bodies.
State Contract Laws: General contract formation and enforcement requirements under state law.
Statute of Frauds: State law requirements regarding which contracts must be in writing to be enforceable.
Enforcement Provisions: State-specific rules regarding contract enforcement and remedies for breach.
