Comparing the Stark Law and the Anti-Kickback statute

You are the compliance officer for General Hospital, an inner city hospital that treats a large percentage of Medicare and Medicaid patients. The hospital’s new Chief Medical Officer, Dr. Stark, will be in charge of negotiating and overseeing the hospital’s contracts and financial relationships with physicians on the medical staff, such as recruitment agreements, on-call coverage agreements and medical directorship agreements. Dr. Stark is aware that such arrangements must be carefully structured to ensure that they do not raise significant risk to the hospital under the healthcare fraud and abuse laws, but she would like to understand it better, at least generally, so that she can know what types of issues to look out for. Write a 4 page memo to the Chief of Staff summarizing and comparing the Stark Law and the Anti-Kickback statute, providing examples of how the contracts she will be negotiating could create unnecessary exposure to the hospital and/or the physicians. Explain the possible consequences to the parties for such violations. Single spaced. AMA Format. Minimum 5 sources cited. Needs to be completed by 11pm PST Today.

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