HIPAA

Amazon Affiliate Program

  • 1.  Amazon Affiliate Program

    Posted 05-26-2020 10:47 AM
    Good Morning,

    Do any of you know anything about the Amazon Affiliate Program?  Our providers are trying to be proactive and research using this program to suggest to patients  physician recommended DME products.  I am not familiar with this program and have yet to find much about it except from Amazon themselves.  Has anyone done much research on this program and where it falls into with Stark, Self-Referral (assuming the providers get a percentage) and other insurance contract issues?  Any insight would be wonderful.

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    Ashlee Walden
    Compliance Director
    Nashville,TN
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    19th Annual CEI Virtual Conference


  • 2.  RE: Amazon Affiliate Program

    Posted 05-26-2020 11:23 AM
    I have not heard of this.​

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    Ann Dunham
    MBA, SPHR, CHC, CHRC
    Compliance Officer
    Hannibal Regional Healthcare System
    Hannibal, MO
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    19th Annual CEI Virtual Conference


  • 3.  RE: Amazon Affiliate Program

    Posted 05-26-2020 03:31 PM
    Assuming the patient purchases the item directly from Amazon either through the normal website or using an affiliate link given them by the provider I see no HIPAA issues however you need to consider other compliance issues. As I understand the Amazon Affiliate program your providers or your practice would receive payment anytime a patient purchased a product recommended  by the provider from the vendor the provider recommends. If a federal program were paying for the item this would, in my non legal opinion not being an attorney an unable to provide legal advice, be a violation of the Anti-kickback Statute. Not being paid by a federal program it might not be illegal but it would, again in my opinion - caveated as above - likely be a conflict of interest or be at best ethically questionable. 

    How close you want to walk to that line is an individual decision. If it were me my response would likely start of with the phrase "Not just no, but..." Then I'd be looking for my career rip cord.
     
    Just my opinion and again I am not a lawyer, this is not legal advice. 

    Good luck
    Let us know how this one turns out.
    -Alex- 
    Alexander I Slosman, MHA, CHC, CHPC





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