Federal Anti-Kickback Statute: Federal law that prohibits the exchange of anything of value for referrals in healthcare programs. Critical if the agreement involves healthcare services.
Foreign Corrupt Practices Act (FCPA): Federal law governing international business transactions and referrals to prevent bribery of foreign officials.
Federal Trade Commission Act: Regulates fair business practices and prohibits deceptive or unfair methods of competition in commerce.
Sherman Antitrust Act: Primary federal antitrust law ensuring the agreement doesn't create unfair competition or monopolistic practices.
State Licensing Requirements: Various state-specific regulations governing professional licensing and the ability to receive referral fees in certain industries.
State Anti-Kickback Laws: State-level regulations that may be more stringent than federal laws regarding referral fees and commissions.
RESPA: Real Estate Settlement Procedures Act - federal law governing real estate referral fees and settlement services.
SEC/FINRA Regulations: Financial industry regulations governing referral arrangements and commission structures in financial services.
HIPAA: Health Insurance Portability and Accountability Act - governs patient privacy and data sharing in healthcare referrals.
IRS Regulations: Tax reporting requirements for commission payments, including 1099 reporting obligations.
State Tax Laws: State-specific tax implications and reporting requirements for referral fees and commissions.
Privacy Laws: Federal and state data protection requirements, including CCPA in California, governing the sharing of customer information.
