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 critically think—on your own recognizance—based on your comprehension of the knowledge provided in this week’s learning materials.)
Instructions: 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. Provide solid evidence supporting your decision by utilizing information from the Ashford University Library as well as the law itself.
Your paper must be two to three pages in length, excluding the title and reference pages; include at least two scholarly sources, in addition to the textbook; and be written in APA format.
These solutions may offer step-by-step problem-solving explanations or good writing examples that include modern styles of formatting and construction of bibliographies out of text citations and references. Students may use these solutions for personal skill-building and practice. Unethical use is strictly forbidden.Two physicians Dr. S. and Dr. V have been involved in a case where they are accused of leasing a nuclear camera so that they would not be referring patients to the local hospital for nuclear imaging. The hospital reacted by threatening to withdraw the doctors’ admitting privileges. After extensive negotiations, the hospital decided to sublease the camera to the two physicians as well as other privileged doctors to use it. Four other doctors have acquired a quitam action contending that the subleasing violates the Anti-Kickback and Stark statutes. Thus, this paper seeks to analyze whether the two doctors violated Stark law by providing evidence.
The Stark Act prohibits self-referrals for analytical laboratory services under the Medicaid program as from 1st January 1992. Physician self-referral ensues when the medic refers a patient to a health facility...
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