That article showcases the issue but maybe you're skimming over the fact it provides pointers on how to charge these fees without breaking the law.
Just a few examples of what I mean-
"This tends to be more relevant to physicians who might refer their patients to a practice or clinic that has imaging or diagnostic equipment where the physician is an owner. This kind of scenario does not typically apply to psychologists."
It lists the states where accepting these fees is a violation of law-
"Nearly half of U.S. states have enacted statutory or regulatory policies barring psychologists from receiving any kind of “remuneration for referral of a client for professional services.” In other words, a psychologist should not accept any kind of compensation from another provider, nor offer any compensation to another provider, for simply making a patient referral. States with such a policy include Alabama, California, Colorado, Florida, Hawaii, Illinois, Indiana, Louisiana, Michigan, Minnesota, Missouri, Nebraska, New Jersey, New Mexico, New York, Ohio, Pennsylvania, Texas, Virginia and Wisconsin."
It then lists the ways to get past these restrictions in nearly any state as long as you structure your practice in a certain way.
"This prohibition does not affect employment arrangements where the health care provider is an employee or independent contractor and paid for providing licensed health care services, or where the provider is a partner or corporate shareholder for a practice that provides health care services consistent with state law."
Then for those states where the practice is totally legal, the practice simply needs to make sure to put a disclaimer on the form they have you fill out when you register for your appointment.
"Some states may not have an explicit prohibition but may caution psychologists to fully disclose in advance to patients any compensation made or received for patient referrals."
This is from the actual Ethics code.
6.07 Referrals and fees
When psychologists pay, receive payment from, or divide fees with another professional, other than in an employer-employee relationship, the payment to each is based on the services provided (clinical, consultative, administrative, or other) and is not based on the referral itself. (See also Standard 3.09, Cooperation with Other Professionals.)
In other words, there are psychologists who employ therapists as part of their practice or as independent contractors (paying them $5000 or more a year, as an example) and then pay them the referral fees as part of their employment compensation practices and it's perfectly "ethical."
Next, we'll check 3.09-
3.09 Cooperation with Other Professionals
When indicated and professionally appropriate, psychologists cooperate with other professionals in order to serve their clients/patients effectively and appropriately.
(See also Standard 4.05, Disclosures.)
In other words, psychologists can cooperate with therapists when "indicated and professionally appropriate" and it's not an ethics violation.
6.04 Disclosures
(a) Psychologists may disclose confidential information with the appropriate consent of the organizational client, the individual client/patient, or another legally authorized person on behalf of the client/patient unless prohibited by law.
(b) Psychologists disclose confidential information without the consent of the individual only as mandated by law, or where permitted by law for a valid purpose such as to (1) provide needed professional services; (2) obtain appropriate professional consultations; (3) protect the client/patient, psychologist, or others from harm; or (4) obtain payment for services from a client/patient, in which
instance disclosure is limited to the minimum that is necessary to achieve the purpose. (See also Standard 6.04e, Fees and Financial Arrangements.)
Nothing out of the ordinary there, and 6.04e basically states a provider needs to inform the patient who isn't paying their bills before referring them to a collection agency.
6.04e
(e) If the recipient of services does not pay for services as agreed, and if psychologists intend to use collection agencies or legal measures to collect the fees, psychologists first inform the person that such measures will be taken and provide that person an opportunity to make prompt payment.
So don't be fooled into believing there aren't both psychologists and physicians legally paying referral fee to therapists as outlined above. It's a common practice. They typically put the therapists on their payroll as independent contractors to ensure they're the only provider getting said referrals, or, if their practices are big enough, they hire therapists directly and handle all the referrals in house.
That article showcases the issue but maybe you're skimming over the fact it provides pointers on how to charge these fees without breaking the law.
Just a few examples of what I mean-
"This tends to be more relevant to physicians who might refer their patients to a practice or clinic that has imaging or diagnostic equipment where the physician is an owner. This kind of scenario does not typically apply to psychologists."
It lists the states where accepting these fees is a violation of law-
"Nearly half of U.S. states have enacted statutory or regulatory policies barring psychologists from receiving any kind of “remuneration for referral of a client for professional services.” In other words, a psychologist should not accept any kind of compensation from another provider, nor offer any compensation to another provider, for simply making a patient referral. States with such a policy include Alabama, California, Colorado, Florida, Hawaii, Illinois, Indiana, Louisiana, Michigan, Minnesota, Missouri, Nebraska, New Jersey, New Mexico, New York, Ohio, Pennsylvania, Texas, Virginia and Wisconsin."
It then lists the ways to get past these restrictions in nearly any state as long as you structure your practice in a certain way.
"This prohibition does not affect employment arrangements where the health care provider is an employee or independent contractor and paid for providing licensed health care services, or where the provider is a partner or corporate shareholder for a practice that provides health care services consistent with state law."
Then for those states where the practice is totally legal, the practice simply needs to make sure to put a disclaimer on the form they have you fill out when you register for your appointment.
"Some states may not have an explicit prohibition but may caution psychologists to fully disclose in advance to patients any compensation made or received for patient referrals."
This is from the actual Ethics code.
6.07 Referrals and fees
When psychologists pay, receive payment from, or divide fees with another professional, other than in an employer-employee relationship, the payment to each is based on the services provided (clinical, consultative, administrative, or other) and is not based on the referral itself. (See also Standard 3.09, Cooperation with Other Professionals.)
In other words, there are psychologists who employ therapists as part of their practice or as independent contractors (paying them $5000 or more a year, as an example) and then pay them the referral fees as part of their employment compensation practices and it's perfectly "ethical."
Next, we'll check 3.09-
3.09 Cooperation with Other Professionals
When indicated and professionally appropriate, psychologists cooperate with other professionals in order to serve their clients/patients effectively and appropriately.
(See also Standard 4.05, Disclosures.)
In other words, psychologists can cooperate with therapists when "indicated and professionally appropriate" and it's not an ethics violation.
6.04 Disclosures
(a) Psychologists may disclose confidential information with the appropriate consent of the organizational client, the individual client/patient, or another legally authorized person on behalf of the client/patient unless prohibited by law.
(b) Psychologists disclose confidential information without the consent of the individual only as mandated by law, or where permitted by law for a valid purpose such as to (1) provide needed professional services; (2) obtain appropriate professional consultations; (3) protect the client/patient, psychologist, or others from harm; or (4) obtain payment for services from a client/patient, in which
instance disclosure is limited to the minimum that is necessary to achieve the purpose. (See also Standard 6.04e, Fees and Financial Arrangements.)
Nothing out of the ordinary there, and 6.04e basically states a provider needs to inform the patient who isn't paying their bills before referring them to a collection agency.
6.04e
(e) If the recipient of services does not pay for services as agreed, and if psychologists intend to use collection agencies or legal measures to collect the fees, psychologists first inform the person that such measures will be taken and provide that person an opportunity to make prompt payment.
So don't be fooled into believing there aren't both psychologists and physicains legally paying referral fee to therapists as outlined above. It's a common practice. They typically put the therapists on their payroll as independent contractors to ensure they're the only provider getting said referrals, or, if their practices are big enough, they hire therapists directly and handle all the referrals in house.
That article showcases the issue but maybe you're skimming over the fact it provides pointers on how to charge these fees without breaking the law.
Just a few examples of what I mean-
"This tends to be more relevant to physicians who might refer their patients to a practice or clinic that has imaging or diagnostic equipment where the physician is an owner. This kind of scenario does not typically apply to psychologists."
It lists the states where accepting these fees is a violation of law-
"Nearly half of U.S. states have enacted statutory or regulatory policies barring psychologists from receiving any kind of “remuneration for referral of a client for professional services.” In other words, a psychologist should not accept any kind of compensation from another provider, nor offer any compensation to another provider, for simply making a patient referral. States with such a policy include Alabama, California, Colorado, Florida, Hawaii, Illinois, Indiana, Louisiana, Michigan, Minnesota, Missouri, Nebraska, New Jersey, New Mexico, New York, Ohio, Pennsylvania, Texas, Virginia and Wisconsin."
It then lists the ways to get past these restrictions in nearly any state as long as you structure your practice in a certain way.
"This prohibition does not affect employment arrangements where the health care provider is an employee or independent contractor and paid for providing licensed health care services, or where the provider is a partner or corporate shareholder for a practice that provides health care services consistent with state law."
Then for those states where the practice is totally legal, the practice simply needs to make sure to put a disclaimer on the form they have you fill out when you register for your appointment.
"Some states may not have an explicit prohibition but may caution psychologists to fully disclose in advance to patients any compensation made or received for patient referrals."
This is from the actual Ethics code.
6.07 Referrals and fees
When psychologists pay, receive payment from, or divide fees with another professional, other than in an employer-employee relationship, the payment to each is based on the services provided (clinical, consultative, administrative, or other) and is not based on the referral itself. (See also Standard 3.09, Cooperation with Other Professionals.)
In other words, there are psychologists who employ therapists as part of their practice or as independent contractors (paying them $5000 or more a year, as an example) and then pay them the referral fees as part of their employment compensation practices and it's perfectly "ethical."
Next, we'll check 3.09-
3.09 Cooperation with Other Professionals
When indicated and professionally appropriate, psychologists cooperate with other professionals in order to serve their clients/patients effectively and appropriately.
(See also Standard 4.05, Disclosures.)
In other words, psychologists can cooperate with therapists when "indicated and professionally appropriate" and it's not an ethics violation.
6.04 Disclosures
(a) Psychologists may disclose confidential information with the appropriate consent of the organizational client, the individual client/patient, or another legally authorized person on behalf of the client/patient unless prohibited by law.
(b) Psychologists disclose confidential information without the consent of the individual only as mandated by law, or where permitted by law for a valid purpose such as to (1) provide needed professional services; (2) obtain appropriate professional consultations; (3) protect the client/patient, psychologist, or others from harm; or (4) obtain payment for services from a client/patient, in which
instance disclosure is limited to the minimum that is necessary to achieve the purpose. (See also Standard 6.04e, Fees and Financial Arrangements.)
Nothing out of the ordinary there, and 6.04e basically states a provider needs to inform the patient who isn't paying their bills before referring them to a collection agency.
6.04e
(e) If the recipient of services does not pay for services as agreed, and if psychologists intend to use collection agencies or legal measures to collect the fees, psychologists first inform the person that such measures will be taken and provide that person an opportunity to make prompt payment.
So don't be fooled into believing there aren't both psychologists and physicains legally paying referral fee to therapists as outlined above. It's a common practice. They typically put the therapists on their payroll as independent contractors to ensure they're the only provider getting said referrals, or, if their practices are big enough, they hire therapists directly and handle all the referrals in house.