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DSO's,  REFERRING IN-HOUSE, IS IT LEGAL?
Multi-Doctor Practice: Are you sending referrals in-house?
Make sure you are doing it legally.

By: Dr. Robert Barrick DDS

SETTING THE STAGE: 

If you have multiple dental practices in a concentrated area and you do not have specialists working for you,
YOU ARE MISSING THE BOAT, BIG TIME!!!!

I recently attended a large DSO convention.  As I talked with many of them, I was surprised to find how many of the attending organizations never thought to invite a specialist onto the team.  So much missed opportunities.

Just think about how many referrals your generals send out to local specialists each and every day.  Especially perio, ortho and oral surgery.  Keeping that revenue in-house is a incredible revenue  builder.  

Here is just a quick example.  In 2018, one small DSO of 3 locations referred over 240 referrals to an in-house periodontist over the course of a year.  With an average of $1,300/ patient, that DSO was able to retain over $312,000 in revenue. These same statistics were seen with their Orthodontists and even Oral Surgeons. 
Think about it.  For each concentrated pod of offices, your DSO can easily bring on 3-4 additional doctors without even needing to increase your marketing.  These patients and procedures are already there and spending the money on needed procedures.  
Stop lining the pockets of doctors outside your network!

EXCUSE #1     We have our GPs do everything themselves.

Many Corporate Organizations pride themselves with the fact that all of their GPs are trained to do all specialty procedures themselves. "We seldom if ever refer out patients!" I would hear repeated quite often.  
While that is good in theory, they still refer out quite a bit.  And besides, wouldn't it be better to bring on specialized doctors that still allow you to retain your revenue while providing the patient with the greatest quality of care available?  Why not!!!  It just frees your GPs up to do more of what they are proficient at.

EXCUSE #2     It's hard to entice specialists to come aboard.

That may have been true in the past, but as competition continues to grow, more and more specialists are looking to secure a day or two a week with a steady schedule.  

Not only are GPs doing more and more specialty procedures, but things like  "Do it yourself Orthodontic Home Kits" are having a huge toll. Competition will continue to grow.  Many of these specialists will want a steady stream of patients to fill a day or two each week. 

EXCUSE #3  LEGALLY, WE CAN'T REFER IN-HOUSE

In-house referrals occur in every DSO even if there are no specialists involved.
As an example, when I worked as an associate in a corporate office, I would often see patients who needed root canals.  The office knew that I enjoyed doing root canals and the other doctor didn't.  So they would schedule the patient to see me when a root canal was needed.  Was there ever any question of legality by doing that?  Absolutely not; I was an associate and could therefore see patients who were being originally seen by another doctor.  Would it be best to inform the patient that I was going to be seeing them?  Of course.  Was it legal?  Absolutely.

Most DSOs are owned and created by a dentist. In fact, most states require each dental office to be "owned" by an actual practicing dentist.  Any additional doctor brought into the practice, comes in as a partner or employed associate.   This applies to specialists as well.  The easiest way to set up a new specialist is to have the specialist come in as an associate to the main doctor in the office.  

Here is Alabama's Referral Regulations. 

(9) Is guilty of division of fees, or agreeing to split or divide the fee received for dental service with any person for bringing or referring a patient without the knowledge of the patient or his or her legal representative, except the division of fees between dentists practicing in a partnership and sharing professional fees, or in the case of one licensed dentist employing another.

Here is Georgia's, It spells it out really well:

(3) “Fee Splitting” does not include:
   a. The payment of a commission from a dentist actively licensed in Georgia who owns a practice to any employee, associate, independent contractor or agent who is also a dentist or dental hygienist actively licensed in Georgia and working for the practice. Such exclusion applies where the dentist owns the practice through a sole proprietorship, partnership, limited liability company, or by majority ownership in a professional corporation.
   b. The sharing of professional fees between dentists practicing in a partnership or within the same practice group, where the remuneration is not based on the number of referrals within the practice or referrals required by the partnership agreement:

So why is there a potential concern?  
There are state guidelines and regulations that prevent kickbacks and fee splitting (Anti-Kickback and Stark Laws). If you aren't careful, it can appear as if you are funneling referrals to yourself. There have been many problems in the medical field (HMOs) concerning this very thing. The problem comes when referring doctors feel pressure to refer to someone just because they are in-house. It is extremely important that you make sure your GPs know and feel that they can refer to specialists they trust and feel will take the best care of their patient even if that means sending them to an "out-of-network" provider. That being said, having a referral tracking system that shows you when they continue to refer outside the practice, allows managers the opportunity to find out why the GP does not feel confident in your in-house specialist. Most of the time, it doesn't have anything to do with lack of confidence in your specialist, it's just that the GP and Specialist need an opportunity to get to know each other.  

It's crazy just how many DSOs forget that they still need to do the little things that are done outside the corporate dental world.  One of these is internal marketing.  Yes, you absolutely need to hold lunches where the GPs can meet the specialists. It would even be a good idea to require the specialist to present quarterly lunch-and-learns for the referring doctors, not only in your organization, but to the other local GPs in the area.  
Doing this will allow your referring doctors to have confidence in referring to the in-house specialists.  Not because they are in-house, but because they trust and like them.

WHEN INVITING A SPECIALIST; 
ABSOLUTELY CRITICAL STEP

"Ok, You convinced me! How do I go about recruiting a specialist?"

The most important step is to approach the specialist with real numbers they can see.  
Rather than saying "Ya know, I swear we send out endo cases every day", try saying this instead, "Over the last 6 months, we sent 245 cases out to endodontists in the area. That was over $300,000 of production or in your case, $90,000 in 6 months by just working a day or two in our office."

"But how do you know those numbers to present to the Endodontist?" you may ask. 
"There are so many doctors referring in and out and all over the place."

Well my friend, you need a system that tracks it for you. 

The system we promote, ReferralWeb, has analytics that show you how many referrals are being sent in-network and out-of-network. This is so valuable for DSOs.  
During our 2019 year end review, we were able to show a small, 3 location group practice just how many endo referrals were being sent out. After seeing the numbers, the managers had an easy decision to bring on an endodontist. Not only that, but because of the actual real data, it was easy for them to entice a quality endodontist to jump onboard. 


Conclusion:
1. Set up your specialists as associates
2. Allow referring docs the choice on who to refer to
3. Help your specialists earn the trust of your GPs
4. Make sure to implement a system that tracks your referrals

If you do these simple things, you will add so much value to your organization.
Good Luck,

Dr. Robert Barrick DDS (The ReferralDoc)
Integrated Referral System
  • SPECIALIST:  Increase captured referrals.
  • GENERAL: Stay In Contact With Doctors
  •  PATIENT: Receive personalized attention.
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