Fees will be charged regardless of whether the patient actually shows up, and are not reflective of the cost of the medical services. The reasoning behind the opinion is that ZocDoc is a "booking" service, not a referral service. With regard to New York State laws, such as New York Education Law § 6530(18)(kickback) and (19)(fee split), Zocdoc shared its new pricing model with the New York State Department of Health (DOH) and received a letter from its General Counsel, Division of Legal Affairs (which we reviewed), stating that Zocdoc’s new pricing model does not run afoul of New York State law (on referrals, it says that “Zocdoc is not engaged in referrals” as that term is defined and used, or in any reasonable sense. We received information from Zocdoc that it is disabling its services for self-identified beneficiaries of such programs, e.g., Medicare and Medicaid. Is this legal? Thank you for asking! Federal law only applies to patients of federally funded programs. Here is the skinny: Zocdoc’s new pricing model charges providers a fixed rate per patient booking, regardless of whether the patient shows up at the appointment and receives medical services. We spoke with Zocdoc directly and we have reviewed Zocdoc’s “Roll Out” materials. We have received your concerns over a pay per booking model Zocdoc is rolling out.
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