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Healthcare is a highly regulated
industry that is likely to bear even
greater regulatory burdens in the coming
years as government payors take a more
prominent role in the funding of
healthcare. Our
attorneys understand that operating
a healthcare organization is unlike any
other business. In addition to provide
care to the patient, physicians,
hospitals and healthcare organizations
must navigate through a maddening web of
regulations. Every
financial relationship and
transaction entered into by a healthcare
provider must comply with unique
regulations such as Stark law and
Anti-kickback regulations.
STARK
LAW REVIEW AND PLANNING
We understand the financial pressures
and constraints you face to remain
economically viable and profitable as
you provide healthcare services. Those
pressures often lead healthcare
professionals to explore innovate
arrangements and transactions. Our
attorneys can help you review proposed
such financial and business arrangements to
determine if the arrangement would
comply with state and federal
regulations. We add value by providing
clear, sound advice about structuring
your arrangements to minimize risks and
liabilities and reduce federal income
tax.
ProhIbited
Physician Referrals
Stark law began as a prohibition on physician
self-referral of a patient for a
designated health service covered by
Medicare, Medicaid or any other
federally funded to a medical facility
in which the physician has a financial
interest, by ownership, investment, or a
structured compensation arrangement.
Stark law is intended to combat
over-utilization of services which
legislators believe would drive up the
cost of publicly funded healthcare. The
reach of Stark law now extends to nearly
every financial relationship,
professional arrangement or business
transaction in which a physician or
healthcare organization may engage,
including employment agreements, medical
office leases, equipment leases, as well
as ancillary services.
Designated Health Services
The
Designated Health Services (DHS)
included
under Stark
law include
the following categories:
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Clinical ab services
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Home health services
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Outpatient prescription drugs
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Inpatient hospital services
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Outpatient hospital services
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Physical and occupational
therapy as well as speech
pathology services
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Radiology and other imaging
services
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Radiation therapy services and
supplies
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Durable medical equipment and
supplies
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Prosthetics, orthotics and
prosthetic devices and supplies
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Parenteral
and enteral nutrients,
associated equipment and
supplies. |
Anti-kickback Law
The
federal anti-kickback statute prohibits
individuals or entities from knowingly
and willfully offering, paying,
soliciting or receiving compensation to
induce referrals of items or services
covered by Medicare, Medicaid or any
other federally funded
program. The law has been
interpreted to cover any financial
arrangement in which one purpose of the
payment is to induce or compensate for
program referrals.
TRANSACTIONS & COMPLIANCE
An attorney from the Firm can advise you
about the Stark law and Anti-kickback
regulations related to:
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Physician
employment agreements and
recruitment |
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Independent contractor
agreements
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Administrative services and
management agreements |
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Physician compensation |
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Medical office space
leases
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Hospital or healthcare
organization
acquisitions, divestitures,
and joint-ventures |
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Formation of healthcare
organizations and practices |
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Loan agreements and hospital
guaranties of physician
obligations |
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Durable medical equipment leases |
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Healthcare information
technology licenses
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Healthcare marketing agreements |
CONTACT US
To speak to an
attorney in relation to the regulatory legal issues affecting
your healthcare organization, please
contact us here
or call 713.650.9700.
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