Question

Discuss your opinion of the Stark laws, what they are designed to do, the impact of the exceptions, and whether you think they are successful in preventing unethical behavior.

Answer 1

Stark Law is a set of United States Federal laws that prohibit the physician self referral for designated services when the patient was covered by Medicare or Medicare or any government payers if the physician has a financial relationship with that entities.

It is intended to prevent fraud,abuse and waste which helps in saving dollars in the federal treasury and helps ensure accountability and descipline by all participants in the health care delivery system.

It has numerous exceptions such as in office ancillary services exception,Fair market compensation Exception,Indirect Compensation Exception and Non Monetary Exception.Each of these exceptions carry their own detailed reauiremereq.Many of the exceptions require compensation paid to a physician to not take into account the value or volume of a physician's referral or other business generated between the parties to a gain sharing agreement.Many exception also require the arrangement to be commercially reasonable and compensation to be at fair market value.

Stark law also stop the unethical activities by prohibiting the physician from referring Medicare or Medicard patients to any designed health services with which either they or member of their immediate families enjoy a direct or indirect financial arrangment .The law restricts referrals to clinical laboratories,Physical and Occupation therapist,Speech and language pathologists, Radiology and imaging labs,Radiation therapists and suppliers.