Federal Anti-Kickback Statute: Federal law that prohibits the exchange of anything of value for referrals in healthcare programs. Must be considered if the referral agreement involves healthcare services.
Foreign Corrupt Practices Act (FCPA): Federal law governing international business transactions and anti-bribery provisions. Relevant if the referral partnership involves international operations.
Federal Trade Commission Act: Regulates fair competition and advertising practices. Essential for ensuring referral arrangements don't violate fair trade practices.
CAN-SPAM Act: Federal law governing commercial email practices. Must be considered if the referral program involves email marketing.
RESPA: Real Estate Settlement Procedures Act - governs real estate referral fees and kickbacks. Critical if the agreement involves real estate transactions.
HIPAA: Health Insurance Portability and Accountability Act - governs healthcare data privacy and security. Essential if the referral program involves healthcare information.
State Referral Regulations: Various state-specific laws governing referral fees and arrangements. May vary by jurisdiction and industry.
State Licensing Requirements: State-specific requirements for professional licensing that may affect referral arrangements.
Statute of Frauds: Common law requirement that certain contracts must be in writing to be enforceable.
Sherman Antitrust Act: Federal law prohibiting anticompetitive business practices. Must ensure referral arrangements don't violate antitrust provisions.
Clayton Act: Federal law supplementing the Sherman Act, addressing specific anticompetitive practices.
State Data Privacy Laws: Various state laws governing the collection, use, and protection of personal data in business operations.
State Consumer Protection Laws: State-specific laws designed to protect consumers from unfair or deceptive business practices.
State Contract Laws: State-specific requirements for contract formation, enforcement, and interpretation.
