Hospital-employed model/Stark Law

[dogjam]

Not looking for formal legal advice or anything, but I am curious how the Stark Law and self-referral relates to hospital-employed physicians.

Specifically, if there are two centers in town (one hospital-owned and one independent), would hospital-employed med-oncs, surgeons, etc. all be able to refer patients to their own center exclusively? Or would they have to occasionally send patients to the other center in town, which would represent a competitor to their own hospital, in order to avoid the appearance of exclusive self-referral?

Thanks in advance for any advice/insight. It's possible I am completely misunderstanding the dynamics here.
DJ

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[medgator]

They are fine to send to whoever they want to. They will probably be "encouraged" to send to the hospital center, but you'll likely never see anything in writing to that effect from the hospital.

The only thing that would lead to a SL violation would be if their compensation was somehow tied into their referrals to hospital-based ancillaries.

Here's a good example: Judge: Halifax Violated Stark Law With Bonuses to Oncologists

 

[seper]

My former employee (a Midwest hospital) actually put in my contract that I must refer internally or face penalties.

Not looking for formal legal advice or anything, but I am curious how the Stark Law and self-referral relates to hospital-employed physicians.

Specifically, if there are two centers in town (one hospital-owned and one independent), would hospital-employed med-oncs, surgeons, etc. all be able to refer patients to their own center exclusively? Or would they have to occasionally send patients to the other center in town, which would represent a competitor to their own hospital, in order to avoid the appearance of exclusive self-referral?

Thanks in advance for any advice/insight. It's possible I am completely misunderstanding the dynamics here.
DJ

 

[nkmiami]

My former employee (a Midwest hospital) actually put in my contract that I must refer internally or face penalties.

I am not sure that is legal in a contract, but in most hospitals you wont be in good standing if you start sending the patients across the street.

 

[Reaganite]

My former employee (a Midwest hospital) actually put in my contract that I must refer internally or face penalties.

Hmmm. Which hospital is this? (So I know who to reference when I file my whistleblower lawsuit).