Pros And Cons Of Stark Law
The Stark law is a federal law, which was named after Pete Stark, a former congressman that created the law to prohibit physicians or doctors from referring patients to institutions where the doctors have a financial gain or relationship. The patients, however, must be Medicare patients. The relationship addressed, in this case, implies any financial relationship as a consequence of ownership or whether the doctor acquires financial compensation from referring the patient to the institution. The same law can also be examined under the physician referral law, which is stipulated in the Social Security Act, section 1877.
Management Responsibility and Violation Consequences In cases involving violation of the Stark laws, the penalties involve a denial of payment for the designated health service (DHS) or the
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The kickbacks were in the form of on-call cash payments, free office space and paid trips to the Masters Golf Tournament. The expenses from these actions were later submitted as Medicare claims where the hospital would reap further benefits. The claims did not hold in court especially because there was no relationship between the hospital staff and the hospital. A parent company does not fall into the same category as the hospital. Therefore, the claim did not show how the hospital directly went against anti-kickback laws as stipulated in the laws. From a personal examination of the claim, the ruling of the case was not satisfactory because an examination of the actions undertaken by the parent company would have proved that physicians were still accepting kickbacks. The laws should be amended to include all actions undertaken by the parent or subsidiary companies. The strict nature of the law will reduce cases involving
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280 Words | 2 PagesThe complete lack of respect for the Hospital, the Hospital’s counsel, this Court, and the Rules of Civil Procedure shown by blatantly ignoring valid discovery requests for more than six months and this Court’s Order for more than two months indicate a willful disregard that require sanctions. Accordingly, the sanctions sought by the Hospital are necessary and are not excessive. Indeed, the Hospital requests that the Court give Defendant one more chance to meet his discovery obligations and comply with an order of this Court before the imposition of a default judgment in the Hospital’s favor.
St. David South Austin Medical Center Case Summary
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Summary Of Neyman Vs. Doshi Diagnostic Imaging Services
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Turner V Hershey Chocolate Case Analysis
955 Words | 4 PagesWhile employed at the Hershey Chocolate USA, Turners claims have been essential accommodation on defendant. In this case the looking the material facts in the light most favorable to the Turner, it is difficult to conclude the material of the law, based on the evidence that Turners directly threaten to its employees or place an “Undue hardship” on Hershey. Therefore, the question whether Turners can perform the essential function of her position with reasonable accommodation is an open material fact for trial. Hershey will have a opportunities at trial to defeat Turners claim by presenting that her proposed accommodation would make vulnerable the health safety of its employees therefore an employer is not requires to accommodate an employee. Moreover, it would carry out an undue hardship that even with the accommodation.
CMS Regulations And Reimbursement Models Paper
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750k Settlement For HIPAA Violations
1208 Words | 5 PagesThomas qaagree to $750k settlement for HIPAA violations. These days it is very often that we heard about the hospital or medical practice was fined by the Health and the Human Service(HHS) due to the breach of the patient data. The security breaches of HIPAA mainly concerned with bad IT system design, bad user behavior, bad policies and bad operations. The US department of Health and Human Services(HHS) office for civil rights is trying to enforce HIPAA rules on hospital or medical practices to protect the patient data.
Summary: The Case Of Abbott Laboratories V. Portland Retail Druggists 1979
840 Words | 4 PagesIn the case of Abbott Laboratories v. Portland Retail Druggists, the respondent brought an antitrust action against Abbott Laboratories claiming that they had violated the Robinson-Patman Act. The pharmaceutical manufacturers had sold drugs to not-for-profit hospitals at lower prices then to the commercial pharmacies (Showalter, pg 452). The Robinson-Patman Act of 1936, which was an amendment to the Clayton Antitrust Act (Elfand, n.d.), had made it unlawful to discriminate by placing a pricing difference between buyers of similar goods, when “the effect of such discrimination may be substantially to lessen competition” (Abbott Laboratories v. Portland Retail Druggists, 1976). As the petitioners, Abbott Laboratories claimed that the price
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The Federal Anti-Kickback Statute
144 Words | 1 PagesOne of the well-known federal fraud and abuse statutes in the United States is the federal Anti-Kickback Statute, which greatly influences business relationships in the pharmaceutical, healthcare and medical device sectors. This statute is an Anti-Corruption law, which is designed to protect beneficiaries of the federal health care program from money influence on various referral decisions. Thus, this law helps in guarding against an increase in costs, overutilization and poor quality services. However, this law needs some modifications to become more efficient to all the U.S citizens. The lawmakers in the country should take the initiative of amending this bill so as to ensure that they adequately represent the interests of those people who
Medicare Billing Violations
186 Words | 1 PagesI think it’s wrong for the government to penalize physicians for not meeting compliance standards. However, It’s a great opportunity for the government to aim at small practices because this is where physicians are self-employed. These types of physicians have numerous clinic or health care facilities and are most likely to commit fraud. This seems kind of biased, but it’s true. According to, Ornstein, the most common sanctions are against physicians who have odd Medicare billing reputations (2014, title).
Dr Anna Pou Case Summary
639 Words | 3 PagesIt It f It frustrates me what Dr. Anna Pou had to go through with the lawsuits of the Memorial Medical Center incident. As Healthcare professionals, being sued for making the rightful decision for the patient and the hospital is unjust. Healthcare professionals like Dr. Pou, have taken the Hippocratic oath, and one of the promises made within that oath is “first, do no harm”. Hospital’s should not be so quick to make such an important decision of pressing charges to their faculty; more trust should be placed in them. In addition, she made it clear her intentions were just to ‘‘help’’ patients ‘‘through their pain,’’ on national television.
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