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§ 1039.3. Compensation paid by lawyers or health care providers to secure employment

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 77 P.S. Workers’ Compensation

Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 77 P.S. Workers' Compensation (Refs & Annos)
Chapter 7F. Insurance Fraud
77 P.S. § 1039.3
§ 1039.3. Compensation paid by lawyers or health care providers to secure employment
(a) A lawyer may not compensate or give anything of value to a nonlawyer to recommend or secure employment by a client or as a reward for having made a recommendation resulting in employment by a client, except that the lawyer may pay:
(1) the reasonable cost of advertising or written communication as permitted by the rules of professional conduct; or
(2) the usual charges of a not-for-profit lawyer referral service or other legal service organization.
Upon a conviction of an offense under this clause, the prosecutor shall certify the conviction to the disciplinary board of the Supreme Court for appropriate action, including suspension or disbarment.
(b) With respect to a workers' compensation insurance benefit or claim, a health care provider may not compensate or give anything of value to a person to recommend or secure the provider's service to or employment by a patient or as a reward for having made a recommendation resulting in the provider's service to or employment by a patient, except that the provider may pay the reasonable cost of advertising or written communication as permitted by rules of professional conduct. Upon a conviction of an offense under this subsection, the prosecutor shall certify the conviction to the appropriate licensing board in the Department of State which shall suspend or revoke the health care provider's license.
(c) A lawyer or health care provider may not compensate or give anything of value to a person for providing names, addresses, telephone numbers or other identifying information of individuals seeking or receiving medical or rehabilitative care for accident, sickness or disease, except to the extent a referral and receipt of compensation is permitted under applicable professional rules of conduct. A person may not knowingly transmit such referral information to a lawyer or health care professional for the purpose of receiving compensation or anything of value. Attempts to circumvent this subsection through use of any other person, including, but not limited to, employes, agents or servants, shall also be prohibited.

Credits

1915, June 2, P.L. 736, No. 338, art. XI, § 1103, added 1993, July 2, P.L. 190, No. 44, § 20, effective in 60 days.
77 P.S. § 1039.3, PA ST 77 P.S. § 1039.3
Current through Act 10 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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