In this video, we answer an MSO question, so can the MSO have a digital marketing fee as its expense, and can the fee be variable?

Hi, I’m Michael H. Cohen, founding attorney, Cohen Healthcare Law Group. We help healthcare clients, just like you, grow and scale your business by navigating the complex arena of healthcare law.

So, sometimes we recommend that the MSO seek reimbursement from the practice. For the MSO it’s hard advertising costs like Google Ads, Facebook ads and similar costs, and this is a risk mitigation practice just for the advertising to help against anti-kickback concerns.

But it’s really variation of the idea that marketing efforts are best compensated by a flat fee, whereas, for example, the broader administration, management and execution of these tasks can have a variable fee in many states like California, as long as that fees commensurate with fair market value and the level of service. I went a little fast on this, but there’s much more on our blog.

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