IncMD, Inc. (“IncMD”) provides non-clinical business, operational, marketing, and advisory services to healthcare providers and healthcare organizations. IncMD does not provide medical services, practice medicine, or interfere with the clinical judgment of licensed healthcare professionals.
This statement is intended to clarify IncMD’s role, ethical commitments, and compliance posture for providers, partners, and stakeholders.
All medical decision-making—including diagnosis, treatment selection, referrals, and procedural determinations—rests solely and exclusively with licensed healthcare providers.
IncMD:
Does not influence or control clinical judgment
Does not condition services on patient volume or outcomes
Does not participate in utilization decisions
IncMD’s services are administrative and advisory only and are structured to preserve full provider autonomy.
IncMD recognizes the sensitive nature of healthcare information and operates in a manner aligned with the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and applicable state privacy laws.
Key Principles
IncMD does not require access to Protected Health Information (PHI) unless expressly necessary and contractually authorized
When PHI is accessed, it is limited to the minimum necessary standard
Data is used solely for the defined business purpose
No sale, commercialization, or unauthorized disclosure of PHI
Where applicable, IncMD executes Business Associate Agreements (BAAs) and maintains administrative, technical, and physical safeguards consistent with HIPAA Security Rule expectations.
IncMD structures all relationships with physicians and physician-owned entities to comply with the Physician Self-Referral Law (42 U.S.C. §1395nn) (“Stark Law”).
Specifically:
Compensation is fair market value (FMV)
Compensation is not determined in a manner that takes into account the volume or value of referrals
Services are commercially reasonable and documented
Agreements are set forth in writing with defined scopes and terms
IncMD does not enter into arrangements that would improperly incentivize referrals for designated health services (DHS).
IncMD maintains strict adherence to the Federal Anti-Kickback Statute (42 U.S.C. §1320a-7b(b)).
IncMD does not:
Offer or accept remuneration to induce or reward referrals
Tie compensation to patient volume, utilization, or reimbursement
Engage in referral-based or success-fee arrangements involving federally reimbursable healthcare services
All compensation structures are designed to fall within applicable AKS safe harbors or otherwise comply with regulatory guidance.
IncMD does not direct, mandate, or restrict:
Where providers refer patients
Which facilities patients may use
Which services are selected
Any referral relationships among providers occur independently based on clinical judgment, patient preference, and medical necessity.
IncMD’s marketing and growth services are non-clinical, educational, and operational in nature. These activities may include:
Practice visibility and branding support
Patient access optimization
Administrative workflow enhancement
Business intelligence and performance insights
IncMD does not:
Advertise specific clinical outcomes
Make medical claims
Guarantee patient volume or revenue
All marketing activities are intended to support transparency, access, and informed patient decision-making.
Where applicable, IncMD may provide advisory support related to:
Medical equipment sourcing or disposition
Fair Market Value (FMV) assessments
Operational utilization analysis
These services are conducted independently and are not contingent upon referrals, clinical utilization, or reimbursement considerations.
IncMD maintains a zero-tolerance policy for:
Improper inducements
Undisclosed conflicts of interest
Regulatory circumvention
Ethical shortcuts
If a proposed engagement raises compliance concerns, IncMD reserves the right to decline, modify, or terminate the engagement.
IncMD exists to support the business of healthcare—not to influence the practice of medicine.
Our role ends where clinical judgment begins.
Providers and partners are encouraged to contact IncMD with questions regarding:
Compliance alignment
Data use
Scope of services
Contractual structure
Transparency and regulatory respect are foundational—not optional.
The following statutes, regulations, and guidance inform IncMD’s compliance framework and service structuring. Citations are provided for transparency and reference only and do not constitute legal advice.
Health Insurance Portability and Accountability Act (HIPAA)
Health Insurance Portability and Accountability Act of 1996, Pub. L. No. 104-191, 110 Stat. 1936 (1996).
45 C.F.R. § 160.103 (Definitions; “Covered Entity,” “Business Associate”).
45 C.F.R. §§ 164.502–164.514 (Privacy Rule; Uses and Disclosures of PHI).
45 C.F.R. §§ 164.306–164.318 (Security Rule; Administrative, Physical, and Technical Safeguards).
45 C.F.R. § 164.502(b) (Minimum Necessary Standard).
U.S. Department of Health & Human Services, Office for Civil Rights (OCR), Guidance on HIPAA and Business Associates.
Physician Self-Referral Law (Stark Law)
Physician Self-Referral Law, 42 U.S.C. § 1395nn.
42 C.F.R. §§ 411.350–411.389 (Stark Law Regulations).
42 C.F.R. § 411.354 (Financial Relationship Definitions).
42 C.F.R. § 411.357 (Exceptions to the Referral Prohibition).
Centers for Medicare & Medicaid Services (CMS), Stark Law Final Rule Modernization, 85 Fed. Reg. 77492 (Dec. 2, 2020).
CMS Commentary on Fair Market Value and Commercial Reasonableness Standards.
Federal Anti-Kickback Statute (AKS)
Federal Anti-Kickback Statute, 42 U.S.C. § 1320a-7b(b).
42 C.F.R. §§ 1001.952(a)–(ii) (Safe Harbor Regulations).
Office of Inspector General (OIG), Compliance Program Guidance for Individual and Small Group Physician Practices, 65 Fed. Reg. 59434.
OIG Advisory Opinions addressing remuneration, referral inducement, and business arrangements.
HHS Final Rule: Regulatory Sprint to Coordinated Care, 85 Fed. Reg. 77684 (Dec. 2, 2020).
Civil Monetary Penalties & Enforcement
Civil Monetary Penalties Law (CMPL), 42 U.S.C. § 1320a-7a.
42 C.F.R. Part 1003 (Civil Money Penalties, Assessments, and Exclusions).
DOJ and HHS enforcement authority related to healthcare fraud and abuse statutes.
Marketing, Advertising & Transparency
Federal Trade Commission Act, 15 U.S.C. §§ 41–58 (Unfair or Deceptive Acts or Practices).
FTC Guidance on Health-Related Advertising and Substantiation Requirements.
State medical board advertising and professional responsibility standards (as applicable).
General Compliance & Contractual Principles
Fair Market Value (FMV) concepts as interpreted under CMS and OIG guidance.
Commercial reasonableness principles independent of referral volume or value.
Written agreement, term specificity, and scope documentation requirements under federal healthcare regulations.
Interpretive Note
IncMD structures its services and compensation arrangements with reference to the foregoing authorities to ensure:
Administrative-only, non-clinical engagement
Preservation of provider autonomy
Compliance with federal healthcare fraud and abuse laws
Ethical alignment with industry best practices
This reference list is provided to support transparency and regulatory awareness and may be updated as statutes, regulations, or agency guidance evolve.
This page is intended for informational and compliance-transparency purposes and does not constitute legal advice. Providers are encouraged to consult their own legal counsel regarding specific arrangements.