Anti-Kickback and Stark Acts discussion

timer Asked: Feb 9th, 2014
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Question Description


Two physicians, Dr. S. and Dr. V., leased a nuclear camera so that 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 Drs. S. and 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. 

Note: This is an actual court case and an internet search may uncover the real 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 based on your ability to critically think on your own and on the comprehension of the knowledge gained from this week’s resources.

Address the following in this assignment:

  • Carefully review Chapter 7 of your course text and research Stark law.  
  • Provide a brief synopsis of the case, identifying the key players.
  • Given the scenario above, analyze whether the actions of Drs. S. and V. violated Stark Law.
  • Provide solid evidence supporting your decision by utilizing information from the Ashford University Library as well as research pertaining to the Stark law itself (not the particular court case).

Your paper must be two to three double-spaced pages in length, excluding the title and reference pages, in APA format.  At least two scholarly sources, not including the course text, must be used and all sources must be cited in APA style as outlined in the Ashford Writing Center.   

Carefully review the Grading Rubric for the criteria that will be used to evaluate your assignment.

Tutor Answer

School: UIUC

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Tutor went the extra mile to help me with this essay. Citations were a bit shaky but I appreciated how well he handled APA styles and how ok he was to change them even though I didnt specify. Got a B+ which is believable and acceptable.

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