Provided by: Jennifer Kirschenbaum, Esq.
April 27, 2023
Question:
Hi Jennifer,
I was offered a role reading diagnostic tests. What should I know from a potential liability perspective as I consider?
-Thank you,
Dr. V
Answer:
Hi Dr. V, I am glad you reached out about this opportunity, and in a general way to share with our group. There are too many examples of alleged impropriety and government settlements/suit to cover when it comes to diagnostic testing and allegations of wrongdoing. A very recent settlement may well highlight concerns when considering a Diagnostic Reading position. Johns Hopkins just paid DOJ $5MM after self disclosing financial arrangements with certain cardiologists that they claim was paid at above fair market value, which Johns Hopkins acknowledged may have induced these providers to drive referrals to the system.1 The issue with compensation arrangements in a circular of diagnostic testing is many in the chain of services are in a position to potentially refer or drive to others in that same circle, raising questions of validity of compensation structures. Here, we have an example of the squeakiest clean acknowledging a miss.
As with any construct, the devil will be in the details and, of course, plenty of set ups more than pass the smell test - and are structured properly and with low risk. Knowing you are pursuing an area of heightened scrutiny, we can now look at your opportunity with a skeptical eye as attempt to navigate towards "yes" for your signing, maybe. I will need to see the agreement to dive deeper.
1 https://www.justice.gov/opa/press-release/file/1580221/download
