Anti Kickback Law and Stark Law Explained
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- เผยแพร่เมื่อ 30 ก.ค. 2024
- Dr. Eric Bricker Explains the Federal Anti-Kickback Law, the Stark Law and Physician-Owned Distributors... and How They Affect Doctor Bias and Healthcare Costs.
Sources: studylib.net/doc/5599767/phys..., studylib.net/doc/5599767/phys..., www.beckershospitalreview.com..., www.reliance-medical-systems.c..., www.policymed.com/2019/03/sen...
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Holy Jesus... This was the most informative and succinct explanation I have seen to date.
Thank you for watching.
How about Physician A owns clinic space and runs his own practice. Physician B has his own practice and sub speciality works in clinic but pays 50% of profits to Physician A for using clinic space. Sometimes physician A will refer patients for subspeciality care to physician B. Are there any issues with that?
In My Opinion.., Potentially. You would have to talk to an attorney to get an official opinion.
Thank you for watching and for your question.
Thank you so much for this video! I'm doing research on stark law, and when other people explained it in a complicated way, I couldn't understand. Your video is simple and to the point, and I've learned more from you than the complex articles I was reading!
You are welcome. Thank you for watching!
i have been trying to understand this for a week, made it so simple. thankyou great work!
Thank you for watching and for your feedback.
welll done! thank you!
Thank you for the comment and thank you for watching!
Wow. So complicated that I actually have a little admiration for people this sneaky
Thank you for watching!
great stuff
Thank you for watching!!
@dr Eric Bricker, thanks for your video!! is it legal/compliant for pharmacy to partner with health insurance marketing company to send free covid tests to optin leads who asked for and elected the tests?
Not sure. Thank you for watching.
Here's a question,
let's say a dental company has a bunch of Doctors ( partners ) doing all kinds of services from fillings to orthodontics. All the doctors are partners so they each get a cut from the profit each month. If a Dentist refers a patient to a specialist (like an Orthodontist within the company) is the Dentist allowed to get a kickback from the company?
Thank you for watching and for your question.
If all of the dentists are within the same practice, then the ‘kickback’ is internal to the organization and is thus possibly considered NOT a kickback.
There’s all sorts of bending and getting around the anti kickback statute.
Dr. Eric, I own a marketing agency in Texas. Are there laws that prohibit a performance based agreement for sending elective and cosmetic surgeries to a doctor owned practice?
If you are another doctor or healthcare provider… yes.
If you are a marketing firm… I do not believe so. Sounds like a commission.
@@ahealthcarez thanks for the insight!
If you take a position as an independent contractor for an inpatient role, would it be a violation of stark law if the hospital asked if you would be willing to set up an outpatient practice so that patients from their hospital will have a physician in the area to follow up with after hospital discharge? I guess in that case you ir another colleague would have to put your name down for follow up on the discharge?
Great question. I don’t think so, but you would have to ask a healthcare attorney.
If you work with in healthcare, is it okay to offer gas money to a coworker who works a shift for you last minute? Or is that violating the Anti-Kickback Statute? Thank you for your help
I’m no lawyer, but I’d say it’s ok. 😉
@@ahealthcarez thank you 🙏
Can doctors receive affiliate commissions from products they review on their websites?
Good question. I would think Yes… the doctor is not prescribing the product. The doctor is not giving a direct patient referral. Those are forbidden from receiving a commission/kick-back.
Next time a Dr suggest an operation, gotta ask if it benefits the patient or the doctor
Thank you for watching and sharing your thoughts.
Thanks for the video. If I work in a multi speciality clinic and also work for a different hospital system where i have admission privileges. I refer patients to that hospital from the clinic to get admitted. I don’t have any other privileges in other hospitals. Do I get a penalty for doing so?
If there is a quid pro quo from the hospital to you for doing so, then Yes.
Surgeons in Texas got in a lot of trouble when a hospital paid for marketing their practices in exchange for performing the surgeries at their hospital.
If no quid pro quo, then I would believe it would not be a Stark Law violation. But, I am not the definitive expert.
Hope that helps a little.
@@ahealthcarez Helps a lot. Thank you!
Don't go to doctor owned surgeries most reuse single use items.
What if it was reversed. If a physical therapist referred their patients to a physician, would that violate the stark law? Because technically physical therapists are not physicians
Still think illegal in Medicare. Providers cannot pay providers for referrals.