The hospital system I work with has a very strong and organized leadership. Not only do all biopsies performed in the hospital go to the hospital pathology lab (as should happen everywhere), but the private GI docs have to come to the hospital endoscopy center to do procedures on some patients with commerical insurance. The hospital partnered with a large health insurance provider that requires all GI procedures to be performed in the hospital to be considered "in network." Any GI procedure performed a private endoscopy center is "out of network" with higher out-of-pocket cost to the patient. This was an extraordinary achievement and the GI docs are livid about it.
The largest GI group where I live has 2 equal-size endoscopy offices. Because the IOAS lophole in the Stark Law requires that doctors work primarily (>75%) in the same building as their in-office lab, this large GI group couldn't build an in-office pathology lab without building 2 of them (1 for each endo center). So far, the GIs have settled for client billing their biopsies with smaller kickbacks.
I'm also seeing increased numbers of GI procedures performed at the hospital endoscopy center by internal medicine doctors, FM docs, and general surgeons (especially screening colonoscopies in healthy patients). All 5 pediatric gastroenterologists who work in the hospital health system are hospital-employed physicians. My hospital system has also hired two adult gastroenterologists as employee physicians for one of their hospitals in a smaller community.
In the hosptial, we see increasing numbers of endoscopic ultrasound (EUS) cases, about 7-8 per week now. Again, the GI docs tried to perform EUS cases in their free-standing endo center, but on-site cytology support is not available and many EUS cases require anesthesia support. The GIs tried to get EUS cases perfrormed at a local physician-owned hospital. Becuase the physician-hospital owners wanted kickbacks, the GIs are left performing EUS cases in the hospital system.
No doubt the GI docs have a lot of power and they will continue to self-refer for profit. But with a strong hospital system, the GIs are vulnerable.