Moving Beyond Simple Conflict of Interest (ref. United States v. Greber,1985).

The Greber case involved an osteopathic physician, board certified in cardiology. The Physician formed a company that provided diagnostic services such as hotter monitoring. The diagnostic company would bill Medicare for the services provided and when payment was received forward a portion of the fee to the referring physicians. The rebate was described as an interpretation fee but was greater than that permited by Medicare. In practice, the physicians receiving the rebates generally allowed company to perform the interpretation.

In the Greber case the court ruled that the payments made to the physicians were made to induce referrals rather than to perform professional services; that even in hose cases when some interpretation was done by the physicians, the sum provided was greater than the services provided; and that a secondary intent was to induce future referrals.

In what way did this differ from simple joint venturing?