The Medical Practice Act states that a physician, "may not directly or indirectly divide, share or split a professional fee or other forms of compensation for professional services with anyone in exchange for a referral or otherwise.” 225 ILCS 60/22.2. This provision prohibits a physician from paying any source for referring a patient, or from accepting payment in exchange for referring a patient to another provider.
The Illinois Department of Financial and Professional Regulation (IDFPR), the agency charged with enforcement of the Medical Practice Act, has issued a statement concerning the participation of licensed physicians in voucher advertising companies (group coupon sites). The IDFPR has determined that advertising involving the utilization of prepaid vouchers does not constitute prohibited payment for referral or fee splitting if the following conditions are met: 1) The fee paid by the physician to the website represents reasonable compensation for the cost of the advertising; and 2) The following terms and conditions must be included in a clear and conspicuous manner in all advertisements:
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