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Wednesday, December 22, 2004UPDATE: From a reader: Isn't that considered "scoping" and an integrally collusive networking objective of corrupt practice "groups" or individuals? UPDATE II: Another reader says it violates the letter as well as the spirit of the law and sends the relevant citation: Federal law prohibits certain referral arrangements, where the referral would violate Stark had it been made directly. 42 USC 1395nn(g)(4) provides the following: (4) Civil money penalty and exclusion for circumvention schemes Any physician or other entity that enters into an arrangement or scheme (such as a cross-referral arrangement) which the physician or entity knows or should know has a principal purpose of assuring referrals by the physician to a particular entity which, if the physician directly made referrals to such entity, would be in violation of this section, shall be subject to a civil money penalty of not more than $100,000 for each such arrangement or scheme. The provisions of section 1320a-7a of this title (other than the first sentence of subsection (a) and other than subsection (b)) shall apply to a civil money penalty under the previous sentence in the same manner as such provisions apply to a penalty or proceeding under section 1320a-7a (a) of this title. posted by Sydney on 12/22/2004 01:22:00 PM 0 comments 0 Comments: |
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