Question

1. What are two differences between the Federal Anti-kickback Statute and the Stark Law? 2. What is the significance of the Hanlester Case? 3. Regarding the Anti-kickback Statute, what is a "Safe Harbor"? 4. What is the significance of being subject to the Federal Anti-kickback Statute but not meeting the requirements of a Safe Harbor? 5. Regarding the Stark Law, what is an Exception? 6. What is the significance of being subject to the Stark Law and failing to meet the requirements of an Exception? 7. Identify a public policy interest served by the Federal Anti-kickback Statute and the Stark Law?

Answer 1

Q1:

1.Voluntary safe he harbor are allowed in anti-kick statute, where as stark law carries mandatory exceptions.

2.Anti-kick statue applied to all federal health care agencies.but stark law applied to only medicare and medicaid.

Q2:

1. Physician owned laboratory.

2. OIG asserted profit share were illegal inducements.

3. Court rejects OIG position and hold physician investment are permitted under anti- kickback statue.

Q3:

1.Ambulatory surgical service

2. EHR service and items.

3. Electronic prescribing item and service

4. Equipment rental

5. Health facility

6. Practitioner recruitment

Q4.

1.Bonafied employment

2. Personal service contract

3. Sale of practice

4. Recruitment

5. Lease for space or equipment

Q5:

1. It is applied to the physician under medicare and medicaid

Q6:

1. Indent required for civil monetary penalty.

2. Knowing violation

3. Over payment or refund

Q7:

1.Anti- kickback prohibit the provider or receipt of any remuneration to induce referral for or ordering.

2. Accept remuneration is illegal.

3. Stark law allow prescribe out patient and home prescription of drugs.