Skip to content
  • About
  • Contact
  • Contribute
  • Book
  • Careers
  • Podcast
  • Recommended
  • Speaking
  • All
  • Physician
  • Practice
  • Policy
  • Finance
  • Conditions
  • .edu
  • Patient
  • Meds
  • Tech
  • Social
  • Video
    • All
    • Physician
    • Practice
    • Policy
    • Finance
    • Conditions
    • .edu
    • Patient
    • Meds
    • Tech
    • Social
    • Video
    • About
    • Contact
    • Contribute
    • Book
    • Careers
    • Podcast
    • Recommended
    • Speaking

Is Groupon legal for doctors?

Deniza Gertsberg, Esq
Physician
October 16, 2011
243 Shares
Share
Tweet
Share

Groupon and other similar social sites, like Living Social and CoupTessa, are all the rage now.  But is it legal for doctors and dentists to advertise their services on these websites?

Groupon is a deal-of-the-day website that features discounted gift certificates usable at local or national companies.  If a certain number of people sign up for the offer, then the deal becomes available to all; if the predetermined minimum is not met, no one gets the deal that day. It is said that this reduces risk for retailers, who can treat the coupons as quantity discounts as well as sales promotion tools. Groupon makes money by keeping approximately half the money the customer pays for the coupon.

Some doctors see Groupon as just another marketing opportunity and offer discounts on elective or cosmetic procedures like liposuction and veneers. Others have rejected it as an unprofitable. Still others view advertisement on social sites that require customers to prepay for services as borderline unethical, citing concerns that there is additional pressure for patients to go through with a procedure when they are having second thoughts.

So is it thumbs-up or thumbs-down for Groupon?

While there is no definitive answer to that question, the rumblings emerging from medical societies and healthcare lawyers that have looked at the issue lean towards thumbs-down.

According to Sun Sentinel,”because the websites keep as much as half of the patient’s payment … the online discounts could be interpreted as the practitioners splitting their fees” which is a no-no under many state laws or regulations prohibiting the “corporate practice of medicine.”  Furthermore, Groupon’s fee can also be construed as “paying kickbacks to find new patients,” which is a serious offense under federal and most state laws.

Medicare, American Medical Association, and other medical trade groups have not yet taken a position on this issue. Two medical boards in Oregon, however, banned dentists and chiropractors from giving Groupon-style discounts. Also, the Palm Beach County Medical Society has recently warned members about Groupon advertising “because the issue is still in doubt,” reported Sun Sentinel.

While the domestic reaction to social coupons for healthcare services has been somewhat modest, across the Atlantic at least one medical society, the British Association of Aesthetic Plastic Surgeons, has strongly condemned the practice of marketing of serious medical procedures such as breast augmentation and nose jobs on discount websites. The Association’s former President, Adam Searle, expressed his disapproval, in part, as follows:

This trivialisation and commoditization of medical procedures is appalling. It seems to have come down to the level of loyalty cards, money-off vouchers, and even competition prizes. This belittling of the seriousness of undertaking a medical procedure degrades not only our specialty but also the medical profession as a whole.

Another former president of the British Association of Aesthetic Plastic Surgeons also stated, in part, as follows:

Selling surgical procedures without patients being first assessed for suitability is highly unethical and goes against every guideline and recommendation from the General Medical Council and the surgical associations.

For now, however, since the jury is still out, caveat venditor.

Deniza Gertsberg is an attorney who represents healthcare providers in compliance-related matters in New York and New Jersey. 

Submit a guest post and be heard on social media’s leading physician voice.

Prev

The rewards of medicine can be overwhelming

October 16, 2011 Kevin 3
…
Next

tPA is the standard of care for stroke but with significant risks

October 17, 2011 Kevin 3
…

Tagged as: Primary Care, Specialist

Post navigation

< Previous Post
The rewards of medicine can be overwhelming
Next Post >
tPA is the standard of care for stroke but with significant risks

More by Deniza Gertsberg, Esq

  • a desk with keyboard and ipad with the kevinmd logo

    Why Groupon and other social coupons are unethical in healthcare

    Deniza Gertsberg, Esq
  • a desk with keyboard and ipad with the kevinmd logo

    When professional courtesy could get physicians in trouble

    Deniza Gertsberg, Esq

More in Physician

  • Challenging the diagnosis: dehydration or bias?

    Sydney Lou Bonnick, MD
  • Practicing medicine with conviction

    Arthur Lazarus, MD, MBA
  • The power of memory in shaping human identity

    Emily F. Peters and Sandeep Jauhar, MD, PhD
  • Physicians have no autonomy. Here’s how to change that.

    Diane W. Shannon, MD, MPH
  • The erosion of patient care

    Laura de la Torre, MD
  • Navigating adulthood in the digital age

    Eleanor Menzin, MD
  • Most Popular

  • Past Week

    • The erosion of patient care

      Laura de la Torre, MD | Physician
    • Reigniting after burnout: 3 physician stories

      Kim Downey, PT | Physician
    • Inside the grueling life of a surgery intern

      Randall S. Fong, MD | Physician
    • A teenager’s perspective: the pressing need for mental health days in schools

      Ruhi Saldanha | Conditions
    • Challenging the diagnosis: dehydration or bias?

      Sydney Lou Bonnick, MD | Physician
    • Exploring HIV care and advocacy [PODCAST]

      The Podcast by KevinMD | Podcast
  • Past 6 Months

    • Medical gaslighting: a growing challenge in today’s medical landscape

      Tami Burdick | Conditions
    • I want to be a doctor who can provide care for women: What states must I rule out for my medical education?

      Nandini Erodula | Education
    • Balancing opioid medication in chronic pain

      L. Joseph Parker, MD | Conditions
    • Mourning the silent epidemic: the physician suicide crisis and suggestions for change

      Amna Shabbir, MD | Physician
    • Reigniting after burnout: 3 physician stories

      Kim Downey, PT | Physician
    • I’m a doctor, and I almost died during childbirth

      Bayo Curry-Winchell, MD | Physician
  • Recent Posts

    • Exploring HIV care and advocacy [PODCAST]

      The Podcast by KevinMD | Podcast
    • A teenager’s perspective: the pressing need for mental health days in schools

      Ruhi Saldanha | Conditions
    • Challenging the diagnosis: dehydration or bias?

      Sydney Lou Bonnick, MD | Physician
    • The art of pediatrics: Connecting through observation

      Alexander Rakowsky, MD | Conditions
    • Assertiveness in health care [PODCAST]

      The Podcast by KevinMD | Podcast
    • Epigenetics and our inheritance to future generations

      Vishruth Nagam | Conditions

Subscribe to KevinMD and never miss a story!

Get free updates delivered free to your inbox.


Find jobs at
Careers by KevinMD.com

Search thousands of physician, PA, NP, and CRNA jobs now.

Learn more

View 4 Comments >

Founded in 2004 by Kevin Pho, MD, KevinMD.com is the web’s leading platform where physicians, advanced practitioners, nurses, medical students, and patients share their insight and tell their stories.

Social

  • Like on Facebook
  • Follow on Twitter
  • Connect on Linkedin
  • Subscribe on Youtube
  • Instagram

CME Spotlights

From MedPage Today

Latest News

  • Lab Tests That Escape FDA Oversight May Come Under Agency Review
  • Fezolinetant Benefits Women Not Suited for Hormone Therapy
  • Low Tidal Volume Compliance Still Lacking in Mechanical Ventilation
  • IV Immunoglobulin May Cut Infection Risk of Anti-BCMA Agents for Myeloma
  • When's the Best Time to Get the Updated COVID Shot?

Meeting Coverage

  • Fezolinetant Benefits Women Not Suited for Hormone Therapy
  • Plant-Based Estrogen Improves Lipids in Postmenopausal Women
  • New Schizophrenia Treatments Are Coming: Don't Panic
  • Loneliness Needs to Be Treated Like Any Other Health Condition, Researcher Suggests
  • Stopping Medical Misinformation Requires Early Detection
  • Most Popular

  • Past Week

    • The erosion of patient care

      Laura de la Torre, MD | Physician
    • Reigniting after burnout: 3 physician stories

      Kim Downey, PT | Physician
    • Inside the grueling life of a surgery intern

      Randall S. Fong, MD | Physician
    • A teenager’s perspective: the pressing need for mental health days in schools

      Ruhi Saldanha | Conditions
    • Challenging the diagnosis: dehydration or bias?

      Sydney Lou Bonnick, MD | Physician
    • Exploring HIV care and advocacy [PODCAST]

      The Podcast by KevinMD | Podcast
  • Past 6 Months

    • Medical gaslighting: a growing challenge in today’s medical landscape

      Tami Burdick | Conditions
    • I want to be a doctor who can provide care for women: What states must I rule out for my medical education?

      Nandini Erodula | Education
    • Balancing opioid medication in chronic pain

      L. Joseph Parker, MD | Conditions
    • Mourning the silent epidemic: the physician suicide crisis and suggestions for change

      Amna Shabbir, MD | Physician
    • Reigniting after burnout: 3 physician stories

      Kim Downey, PT | Physician
    • I’m a doctor, and I almost died during childbirth

      Bayo Curry-Winchell, MD | Physician
  • Recent Posts

    • Exploring HIV care and advocacy [PODCAST]

      The Podcast by KevinMD | Podcast
    • A teenager’s perspective: the pressing need for mental health days in schools

      Ruhi Saldanha | Conditions
    • Challenging the diagnosis: dehydration or bias?

      Sydney Lou Bonnick, MD | Physician
    • The art of pediatrics: Connecting through observation

      Alexander Rakowsky, MD | Conditions
    • Assertiveness in health care [PODCAST]

      The Podcast by KevinMD | Podcast
    • Epigenetics and our inheritance to future generations

      Vishruth Nagam | Conditions

MedPage Today Professional

An Everyday Health Property Medpage Today
  • Terms of Use | Disclaimer
  • Privacy Policy
  • DMCA Policy
All Content © KevinMD, LLC
Site by Outthink Group

Is Groupon legal for doctors?
4 comments

Comments are moderated before they are published. Please read the comment policy.

Loading Comments...