STARK LAW
Case Study: Review this scenario:
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.
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(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.)
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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.
Resources:
Text
Read from the course text, Health care ethics and medical law:
•Chapter 7: Expenditures, Cost Containment, and Quality of Care
•Chapter 8: Ethical Resource Allocation
Articles
Rosoff, P. M. (2012). Unpredictable drug shortages: An ethical framework for short-term rationing in hospitals. American Journal of Bioethics, 12(1), 1-9. Retrieved from the EBSCOhost database.
Schneiderman, L. J. (2011). Rationing just medical care. The American Journal of Bioethics, 11(7), 7-14. Retrieved from the EBSCOhost database.
Wood, J. P. (2010). Stark and anti-kickback laws limit lab-marketing methods. MLO: Medical Laboratory Observer, 42(5), 72. Retrieved from the EBSCOhost database.
Recommended Resources
Articles
Cooke, M. and Hurley, C. (2008). A case study exploring the ethical and policy dimensions of allocating acute care resources to a dying patient. Journal of Clinical Nursing, 17(10), 1371-1379. Retrieved from the EBSCOhost database.
Hirskyj, P. (2007). QALY: An ethical issue that dare not speak its name. Nursing Ethics, 14, 72-82. Retrieved from the SAGE Journals Online database.
Phillips, C. J. (2009). The cost and burden of chronic pain. Reviews in Pain, 3(1), 2-6. Retrieved from the SAGE Journals Online database.
Rowe, J. (2013). Understanding the context of moral dilemmas in health care organizations: Perspectives for employee training and continuing education. Home Health Care Management Practice, 25(4), 141-147. Retrieved from the SAGE Journals online database.
