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Stark Law is a set of United States federal laws that prohibit physician self-referral, specifically a referral by a physician of a Medicare or Medicaid patient to an entity for the provision of designated health services ("DHS") if the physician (or an immediate family member) has a financial relationship with that entity.
The Anti-Kickback Statute [1] (AKS) is an American federal law prohibiting financial payments or incentives for referring patients or generating federal healthcare business. . The law, codified at 42 U.S. Code § 1320a–7b(b), [2] imposes criminal and, particularly in association with the federal False Claims Act, civil liability on those who knowingly and willfully offer, solicit, receive ...
The ability to self-refer is an incentive for physicians to order more tests than they otherwise might. In the United States, the Stark Law (specifically sections I and II) was designed to control self-referrals. [2] However, the exceptions designed to allow necessary testing in physicians' offices have been exploited to circumvent the law.
In 1988, Stark introduced an "Ethics in Patient Referrals Act" bill concerning physician self-referrals. [30] Some of the ideas in the bill became law as part of the Omnibus Budget Reconciliation Act of 1990. [ 30 ]
The Hill-Burton Act of 1946, which provided federal assistance for the construction of community hospitals, established nondiscrimination requirements for institutions that received such federal assistance—including the requirement that a "reasonable volume" of free emergency care be provided for community members who could not pay—for a period for 20 years after the hospital's construction.
A challenge to this practice has been raised as being a violation of Stark rules that prohibit hospitals from preferentially assisting community healthcare providers. [122] In 2006, however, exceptions to the Stark rule were enacted to allow hospitals to furnish software and training to community providers, mostly removing this legal obstacle.
In September, a 27-year-old medical intern at the Gatundu Level 5 Hospital in central Kiambu county took her own life. Dr Desree Moraa Obwogi had just finished a gruelling 36-hour shift that had ...
The suit was launched by Paul Jung, MD on behalf of all current and former medical residents against defendants that oversaw and participated in the matching process as well as institutions that employed medical residents. [2] The three physicians who launched the suit alleged that the NRMP Matching program was an anti-competitive practice ...