stark laws

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toomer2244

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I joined a private practice group and maybe having some second thoughts but want to get some opinions first. I am not a lawyer.... there is pressure to produce... which is fine....if you do there are financial benefits... but I want to be ethical and feel I am doing the right thing...

One physician is the sole owner of both the UDS in-house lab (both screening and confirmation) and an MRI machine. He gives bonuses to the employed doctors for both each month. The bonus is based on a % after overhead. There is obvious pressure to send for MRIs. UDS is out of the doctors hands as the risk is already assigned without input. However the order goes under the physician seeing the patient.... sketchy? Especially if you don't agree if a UDS is needed?

Of note the owner (or his delegate) is the only person that can "risk" stratify a patient for the UDS. Most patients are considered high risk and every new patient gets a UDS (even if they do not want narcotics and are referred for an injection).

Does this set up go against stark laws? He is the sole owner and no one owns shares.

He also gives bonuses for DME (back braces... TENs...) to both the employed docs and numerous mid-levels. Does the stark law include these type of referrals? Back braces are also dispensed when patients are sedated for a procedure.... not by me.... (versed).

Research is also done at this site and patients are pressured to participate.... basically the staff (MAs) are incentivized with send patients to research studies.....

The job is in a great city and location. Could pay very well.... however there are many issues and no real input..... I think the answer is obvious but am concerned about the potential stark law issues and wanted to see if I could get some opinions.

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what could go wrong? Braces under sedation? Nice
 
what could go wrong? Braces under sedation? Nice

I think he means if you were sedated, you are discharged home wearing a back brace. Probably less savvy patients are convinced they need it so the steroid doesn’t leak out or something.

OP, you’re working for a crook. Better to leave now before people with badges start knocking on the door. The issue isn’t Stark laws, it’s fraud. And if any Medicare gets mixed into that you will be made an example of once they catch it.
 
I joined a private practice group and maybe having some second thoughts but want to get some opinions first. I am not a lawyer.... there is pressure to produce... which is fine....if you do there are financial benefits... but I want to be ethical and feel I am doing the right thing...

One physician is the sole owner of both the UDS in-house lab (both screening and confirmation) and an MRI machine. He gives bonuses to the employed doctors for both each month. The bonus is based on a % after overhead. There is obvious pressure to send for MRIs. UDS is out of the doctors hands as the risk is already assigned without input. However the order goes under the physician seeing the patient.... sketchy? Especially if you don't agree if a UDS is needed?

Of note the owner (or his delegate) is the only person that can "risk" stratify a patient for the UDS. Most patients are considered high risk and every new patient gets a UDS (even if they do not want narcotics and are referred for an injection).

Does this set up go against stark laws? He is the sole owner and no one owns shares.

He also gives bonuses for DME (back braces... TENs...) to both the employed docs and numerous mid-levels. Does the stark law include these type of referrals? Back braces are also dispensed when patients are sedated for a procedure.... not by me.... (versed).

Research is also done at this site and patients are pressured to participate.... basically the staff (MAs) are incentivized with send patients to research studies.....

The job is in a great city and location. Could pay very well.... however there are many issues and no real input..... I think the answer is obvious but am concerned about the potential stark law issues and wanted to see if I could get some opinions.

Obviously there is something terribly unethical about all of this and that kind of behavior is widespread in this field. Bear in mind that physicians who practice like that and know how to stay out of jail are not on this forum. They are not interested in the practice of medicine. They are only interested in the business of medicine. There are many, many practices like yours. Having said that, no one on this forum currently (RIP Peter) is a healthcare attorney. While it is hard to believe that what your boss does is legal, only a healthcare attorney can tell you that. If the ethics alone won’t drive you out of there, spend a few bucks and have a conversation with a good healthcare attorney.


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qui tam pro domino rege quam pro se ipso in hac parte sequitu
 
I joined a private practice group and maybe having some second thoughts but want to get some opinions first. I am not a lawyer.... there is pressure to produce... which is fine....if you do there are financial benefits... but I want to be ethical and feel I am doing the right thing...

One physician is the sole owner of both the UDS in-house lab (both screening and confirmation) and an MRI machine. He gives bonuses to the employed doctors for both each month. The bonus is based on a % after overhead. There is obvious pressure to send for MRIs. UDS is out of the doctors hands as the risk is already assigned without input. However the order goes under the physician seeing the patient.... sketchy? Especially if you don't agree if a UDS is needed?

Of note the owner (or his delegate) is the only person that can "risk" stratify a patient for the UDS. Most patients are considered high risk and every new patient gets a UDS (even if they do not want narcotics and are referred for an injection).

Does this set up go against stark laws? He is the sole owner and no one owns shares.

He also gives bonuses for DME (back braces... TENs...) to both the employed docs and numerous mid-levels. Does the stark law include these type of referrals? Back braces are also dispensed when patients are sedated for a procedure.... not by me.... (versed).

Research is also done at this site and patients are pressured to participate.... basically the staff (MAs) are incentivized with send patients to research studies.....

The job is in a great city and location. Could pay very well.... however there are many issues and no real input..... I think the answer is obvious but am concerned about the potential stark law issues and wanted to see if I could get some opinions.

Disclaimer: I'm not a health care lawyer, but I've done a lot of due diligence on Stark laws--especially as they relate to employed MD's.

This is a Stark violation. You CANNOT bonus employed MD's based upon volume of services in any way shape or form.

If you are billing government payers, then this is also Medicare fraud. The LCD's are very clear--the decision to order any test or treatment must be based solely upon MEDICAL NECESSITY by the order clinician. YOU have to risk stratify the patient and determine, based upon your MEDICAL JUDGEMENT, that a UDS is required.

As I've said many times: No one goes to medical school to be a human trafficker/patient broker for a broken system. This employer is using your medical license to churn the system. See this all the time in large hospital systems too.

Get out now.
 
Disclaimer: I'm not a health care lawyer, but I've done a lot of due diligence on Stark laws--especially as they relate to employed MD's.

This is a Stark violation. You CANNOT bonus employed MD's based upon volume of services in any way shape or form.

If you are billing government payers, then this is also Medicare fraud. The LCD's are very clear--the decision to order any test or treatment must be based solely upon MEDICAL NECESSITY by the order clinician. YOU have to risk stratify the patient and determine, based upon your MEDICAL JUDGEMENT, that a UDS is required.

As I've said many times: No one goes to medical school to be a human trafficker/patient broker for a broken system. This employer is using your medical license to churn the system. See this all the time in large hospital systems too.

Get out now.

why not make an example of every single hospital that does this? Cuz it seems like it is the standard.
 
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