Hca 322 health care ethics & medical law wk4-a

Week 4        

      

Stark Law

[WLOs: 1, 2] [CLOs: 1, 4, 5, 6]

Prior to beginning work on this discussion, read Chapter 7 of the textbook and the article Stark and Anti-Kickback Laws Limit Lab-Marketing Methods, and review the web page Health Care Fraud News (Links to an external site.)Links to an external site., the website Stark Law (Links to an external site.)Links to an external site., and the handout The STARK Law. Then, review the following case study:

Two physicians, Dr. S. and Dr. V., leased a nuclear camera so they  would no longer have to refer their patients to the local hospital for  nuclear imaging. Faced with the prospect of losing over a third of its  $2,274,094 in annual gross nuclear medicine revenues, the hospital  responded by threatening to revoke the doctors’ admitting privileges.  Lengthy negotiations ensued, at the end of which the hospital agreed to  sublease the camera from the two physicians; the camera remained at the  physicians’ offices but other physicians with privileges at the hospital  could use it. Four other local physicians who provided the same or  similar services to patients as Dr. S. and Dr. V. brought a qui tam  action alleging that the sublease violated the Anti-Kickback and Stark  Acts and that the defendants falsely certified compliance with those  laws in connection with claims submitted to Medicare in violation of the  False Claims Act.

(Please note: This is an actual court case and an Internet search may  uncover the actual case details. You are prohibited from utilizing any  source materials associated with this case. Use of any related materials  will result in a reduction of points on this assignment. This  assignment is being graded on your ability to think critically—on your  own recognizance—based on your comprehension of the knowledge provided  in this week’s learning materials.)

Carefully review Chapter 7 of your textbook and research Stark Law. Given this scenario,

  • Analyze whether the actions of Dr. S. and Dr. V. violated Stark Law.
  • Explain the legal parameters for patient rights and the role that Dr. S and Dr. V play in protecting those rights.
  • Explain the federal, statutory, or case laws that apply in this scenario.
  • Provide solid evidence supporting your decision by utilizing  information from the Ashford University Library as well as the law itself.
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