One day recently, I received an email that expressed a unsettlingly common dilemma quite a bit more clearly than most subtle hints I have received. “...unless you can provide equal coverage with a premium savings of 10% or more, and donate to the [non-profit organization] cash in excess of $10,000 per year and provide volunteers to the tune of 300hrs plus per year, I don’t think we need to talk.”
It seemed clear enough. My reply (hopefully gracious) included brief comment on the legal ramifications of the request.
Legal: I am legally bound in my duties, responsibilities, and freedoms since insurance is regulated both at the federal and state level. Morally and ethically, I have even tighter restrictions. The federal regulations are very clear. No monetary exchange (or even promise) can be in response to the purchase (or promised purchase) of insurance. Anti-kickback laws have been on the books since the 1970’s. The insurance companies take the regulations seriously – and in some instances, even alleged kickbacks can trigger an exclusion of coverage for “actual or alleged violation of any federal, state or local anti-kickback, illegal remuneration, self-referral or healthcare fraud and abuse law, or amendments to or regulations promulgated under any such law.” In addition, according to law research Trans-Lex, “Contracts based on or involving the payment or transfer of bribes ("corruption money", "secret commissions", "pots-de-vin", "kickbacks") are void.”
~ Jon
~ Jon
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