QBD

There is a gray area regarding the QBD for some physicians. Those with a medical degree, who specialize in the ancillary fields of medicine for example. More specifically, a Teleradiologist.

1. Although having a medical degree, a teleradiologist does not maintain any physicians office or any facility.

2. .The business is the transmission of data from one location to another, a technology, not a physician's office nor practice.
3. The business is a technology allowing services without seeing any patient.
4. The  business utilizes standard network technologies such as the internettelephone lines, wide area networklocal area network (LAN) and the latest high tech being computer clouds
5. Specialized software is used to transmit the images. 
6.Technologies such as advanced graphics processing, voice recognition, artificial intelligence and image compression are often used in this business. 
7. Through teleradiology and mobile DICOM viewers, images can be sent to other locations around the world.
8. This particular teleradiologists LLC, is self owned and a passive flow through entity. There is no medical/physicians office, no medical practice, see no patients, treat no patients, have no hospital admitting rights, never see or interview or examine a patient, and write no prescriptions for any patient. 
9. There is no billing of any patient by this company, nor billing of any insurance carrier at all. Payment is received as a 1099 fee for service.
10. And  no medical records are maintained, no electronic records, no medical files. The business is not inspected by JCAHO, FDA or the MSQA, as other offices are and is not under the state healthcare mandates. 
Any thoughts?