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GIVING DISCLOSURE ITS DUE: A PROPOSAL FOR REFORMING THE STARK LAW

Nicholas J. Diamond

DePaul J. Health Care L., Vol.16 pp.1-165, 2014 [Periódico revisado por pares]

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  • Título:
    GIVING DISCLOSURE ITS DUE: A PROPOSAL FOR REFORMING THE STARK LAW
  • Autor: Nicholas J. Diamond
  • Assuntos: Straightforward; Acknowledgment; Appreciation; Promulgation; Subsequently; Surprisingly; Labyrinthine; Commonality; Congressman; Detrimental; Administrative Law; Criminal Law & Procedure; Environmental Law; Healthcare Law; Labor & Employment Law; Public Health & Welfare Law; Torts
  • É parte de: DePaul J. Health Care L., Vol.16 pp.1-165, 2014
  • Descrição: ... Increased physician investment in health care services brought about a more pronounced culture of so-called "self-referrals," where a physician refers a patient to a secondary entity in which she holds a financial interest. ... More controversial still, it found that patients of referring physicians who own or invest in ICLs received forty-five percent more clinical laboratory services, irrespective of place of service, as well as thirty-four percent more direct services from ICLs, as compared with all Medicare patients. ... Such a test, Representative Stark opined, would combat the negative ramifications of physician self-referrals, namely, compromising patient care, billing federal health care programs for unnecessary services, and engendering unfair competition in the marketplace through physician kickbacks from suppliers. ... By wholly ignoring a concern that is of central import to health reform, the Stark Law distances itself from the present foci of the health care regulatory environment. ... Section 6409(a) of the ACA requires the Department of Health & Human Services (HHS) to establish a self-referral disclosure protocol (SRDP) that sets out a process by which providers may self-disclose actual or potential violation of the Stark Law. ... As the preamble to the Sunshine Act final rule asserts, "transparency will shed slight on the nature and extent of relationships, and will hopefully discourage the development of inappropriate relationships and help prevent the increased and potentially unnecessary health care costs that can arise from such conflicts." ... One insufficient proposal, as I have examined, suggests implementing a system of direct disclosure by physicians as to investment interests in referred entities.
  • Idioma: Inglês

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