BOOK: Bustillos, D., & Vellek, S. (2019). Health care ethics and medical law. Bridgepoint Education.
Stark Law
Prior to beginning work on this assignment, read Chapter 7 of the textbook and the article Stark and Anti-Kickback Laws Limit Lab-Marketing Methods Links to an external site., and review the Physician Self Referral Links to an external site(https://www.cms.gov/Medicare/Fraud-and-Abuse/PhysicianSelfReferral).web page Then, review the following case study:
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 think critically—on your own recognizance—based on your comprehension of the knowledge provided in this week’s learning materials.)
Carefully review Chapter 7 of your textbook and research Stark Law. Given this scenario, use the Stark Law Paper Download Stark Law Papertemplate to address the following:
Analyze whether the actions of Dr. S. and Dr. V. violated Stark Law.
Explain the legal parameters for patient rights and the role that Dr. S and Dr. V play in protecting those rights.
Explain the federal, statutory, or case laws that apply in this scenario.
Provide solid evidence supporting your decision by utilizing information from the University of Arizona Global Campus Library as well as the law itself.
The Stark Law paper
Must be two to three double-spaced pages in length (not including title and references pages) and formatted according to APA style as outlined in the Writing Center’s APA Style Links to an external site.resource.
Must use the Start Law Paper Template Download Start Law Paper Template.
Must include a separate title page with the following:
Title of paper in bold font
Space should appear between the title and the rest of the information on the title page.
Student’s name
Name of institution (The University of Arizona Global Campus)
Course name and number
Instructor’s name
Due date
Must utilize academic voice. See the Academic Voice resource for additional guidance.
Must include an introduction and conclusion paragraph. Your introduction paragraph needs to end with a clear thesis statement that indicates the purpose of your paper.
For assistance on writing Introductions & Conclusions Links to an external site.as well as Writing a Thesis Statement Links to an external site., refer to the Writing Center resources.
Must use at least two scholarly sources from the last five to seven years in addition to the course text.