It\u2019s interesting to note how the Stark Act and the federal Anti-Kickback law apply to doctors and hospitals, especially since each statute carries a criminal penalty and a violation could result in a prison sentence.<\/p>\n
When it comes to the federal Stark Act, this particular piece of legislation relates to just doctors and only kick-backs that they or a member of their family get from referring Medicare and Medicaid patients to labs that the doctor has a financial interest in. The section where this is covered is 42 USC 1395nn. Of note is that fact that the Stark Act was later amended to also ban doctor\u2019s referring to \u2018other\u2019 health care facilities where the doctor may have a financial interest and that appears in section 42 USC 1395nn (b)(1).<\/p>\n
The most important thing to remember about this Act is that it happens to be a strict liability statute. So under those circumstances, (more…)<\/span><\/a><\/p>\n","protected":false},"excerpt":{"rendered":" It\u2019s interesting to note how the Stark Act and the federal Anti-Kickback law apply to doctors and hospitals, especially since each statute carries a criminal penalty and a violation could result in a prison sentence. When it comes to the…<\/span><\/p>\n