WHEN IS A CONSULTANCY A KICKBACK?

Department of Justice Picks Up the Knife

Today's NYT has an interesting article about the DOJ's current move toward increased civil and criminal prosecution against physicians--mostly surgeons--who ask for kickbacks from device companies for using their products.

But what is a kickback? And how does one distinguish between what companies and docs might call consultancy arrangements and the DOJ calls criminal behavior? Is it a question of proving purely self-aggrandizing intent--having, in essence, recordings of docs making sweet deals for themselves? And at what point does this become criminal behavior rather than a violation of professional ethics?

Curious minds really do want to know.

http://www.nytimes.com/2009/03/04/health/policy/04doctors.html?emc=tnt&tntemail0=y