Texas LPC (Licensed Professional Counselor) Jurisprudence Exam

Can a licensee knowingly offer to pay or agree to accept any remuneration for securing or soliciting clients or patronage for or from any health care professional?

1. Yes, it is allowed as long as it's disclosed

2. NO

3. Maybe under certain circumstances

4. Sometimes, depending on the situation

The correct answer is: NO

This question is referring to the federal anti-kickback statute, which prohibits the offering, paying, soliciting, or receiving of any remuneration in exchange for referrals for federal healthcare program business. This applies to all healthcare professionals, including both licensees and non-licensees. Therefore, it is not allowed under any circumstances, regardless of whether it is disclosed or not. Options A, C, and D are all incorrect because they suggest that there are situations in which this activity may be allowed, which is not the case. It is always prohibited under the federal anti-kickback statute.