Assignment Instructions/ Description
The Stark Law still remains a current topic in healthcare, even though it has been around for several years. Even currently, as we recruit physicians, we rely upon our legal and compliance staff to ensure there are no stark violations. With regard to radiology and building imaging centers or joint venturing, there are many opportunities to cross the line, so to speak.
The articles for review all focus on one of the early cases that helped to shape the Stark Law and its application. It is often still referred to and becomes the sniff test for an initial review of recruitment or JV. Please review these articles and discuss the following aspects:
1. In your opinion, was the intent to push the extent of the rule, or was this an innocent mistake? Take a look at the law and determine how intent applies.
2. What could these 2 parties have done to avoid the Stark ? In other words, what are your thoughts on how this agreement should have been structured?
3. What can organizations do to ensure that a Stark violation does not occur?