It’s easy to fall into the habit of regarding self-referrals and kickbacks as strictly a matter of federal law, governed only by the federal Stark Law and Anti-Kickback Statute. But an April 13 verdict in California provides a vivid reminder that state law also has a role and that private insurers can be as …
Two More Hospitals Qualify for Exception to Exception to Grandfather Exception to Elimination of Whole Hospital Exception to Stark Law Prohibition
September 17, 2015 Leave a Comment
The Stark Law generally prohibits physicians from referring Medicare and Medicaid patients to facilities in which they have an ownership interest. There used to be a “whole hospital exception” excluding entire hospitals (as contrasted to departments or parts of hospitals) from the prohibition. The …
Free Patient Parking May Trigger False Claims Act Violation
August 20, 2015 Leave a Comment
Who knew? When you park for free at your doctor’s office, you may be a pawn in a scheme to violate the Anti-Kickback Statute, the Stark Law, and the False Claims Act. It’s enough to make you sick. That’s one of the lessons of an August 14 federal court decision in Florida. Whistleblower Thomas …
Beware of Nurses Bearing Gifts
July 21, 2015 Leave a Comment
Alisia and David blew the whistle on their former employer, Nurses’ Registry & Home Health, for sending gift baskets and ticket events to doctors who referred patients to the home health operation. Their qui tam suit alleged that the gifts violated the Stark Law. The government joined in. Nurses’ …
Texas Hospital Qualifies for Exception to Limitation on Exception to Elimination of Exception to Stark Law
October 31, 2014 Leave a Comment
Lake Pointe Medical Center has become the first hospital in America to qualify for (i) an exception to (ii) the limitation on the (iii) grandfather exception to the (iv) elimination of the (v) whole-hospital exception to the (vi) Stark Law’s prohibition on physician self-referrals. The Stark Law generally …