Preview

Examples Of Violation Of The Stark Law

Satisfactory Essays
Open Document
Open Document
176 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Examples Of Violation Of The Stark Law
The Key requirement of the Stark Law is not to provide referrals to organizations where they can benefit financially. As for the Federal Anti-Kickback Statute is similar in the sense that providers are not to give or receive anything of value for services that will be paid by Medicare or Medicaid. The practice administrator must understand these laws because whether or not the act was done intentionally or unintentionally, they will be held liable therefore the must analyze every aspect of these laws to guarantee that the practice is compliant. According to Wolper (2013), The Stark Law has been around for decades and has had several revisions in connection with rules from the Medicare program (p. 406). An example of violating the Stark Law

You May Also Find These Documents Helpful

  • Satisfactory Essays

    Kelvin's Case Summary

    • 177 Words
    • 1 Page

    On 10-16-17 Kelvin's mom (Natwanya) whipped Kelvin with an extension cord and slammed his head into the wall. Due to Kelvin's and brother (unknown) were fighting each other.Kelvin's has bruises, lots of scratches, and cuts. Kelvin's right side of his face has scratches, cuts, and bruises. Kelvin's left arm is bruises, cuts, and scratches. Kelvin's neck of the right has a long snatch. Natwanya slammed Kelvin's head on the left side into the wall. Kelvin has not sought medical attention. It is unknown if the brother received the same treatment. Kelvin reported this to the reporter on 10-17-17.…

    • 177 Words
    • 1 Page
    Satisfactory Essays
  • Satisfactory Essays

    The authors describe the case of Thapar v. Zezulka is what the state of Texas established their precedent for mental health professional not obligated to warn and protect third parties when a client reveals an intent to harm. The arthurs discuss the ACA code of ethics as being more permissive than Texas statues in reporting results of HIV testing Barbee et al. (2007). Mental health professional has a duty to protect the client and breaching of confidentiality is an issue when dealing with a client threating harm to a third…

    • 91 Words
    • 1 Page
    Satisfactory Essays
  • Powerful Essays

    One purpose of the anti-kickback statute is to protect patients from inappropriate medical referrals or recommendations by health care professionals who may be unduly influenced by financial incentives. Section 1128B(b) of the Social Security Act (the Act) makes it a criminal offense to knowingly and willfully offer, pay, solicit, or receive any remuneration to induce, or in return for, referrals of items or services reimbursable by a Federal health care program. When remuneration is paid purposefully to induce or reward referrals of items or services payable by a Federal health care program, the anti-kickback statute is violated. By its terms, the statute ascribes…

    • 2780 Words
    • 9 Pages
    Powerful Essays
  • Good Essays

    The Court had to decide whether Business and Professional Code § 2056 can be applied to a disagreement between two physicians regarding how to medically treat a patient, or if § 2056 only applies to disputes between physicians and third party or healthcare payors. Business and Professional Code § 2056 provides protection against retaliation for physicians who advocate for medically appropriate healthcare for their patients.…

    • 1548 Words
    • 6 Pages
    Good Essays
  • Good Essays

    In 2013, the DHSS Office of Civil Rights (OCR) published a final Omnibus rule that made changes to HIPAA and added new regulations (Furrow et al, 2013). The HIPAA Omnibus rule extended liability to include business associates of covered entities, it established a tiered civil penalty structure and increased the fines, it replaced the breach notification rule threshold to a more objective standard, and it prohibited health plans from using genetic information for underwriting purposes. The OCR is responsible for assuring compliance with the HIPAA Privacy…

    • 87 Words
    • 1 Page
    Good Essays
  • Satisfactory Essays

    In collecting accurate demographic and insurance information in step one; you are preventing illegal use of someone’s identification and insurance (Valerius, Bayes, Newby, & Seggern, 2008). In establishing financial responsibility in step two; you are verifying eligibility for coverage of present and future services and procedures (Valerius et al., 2008). In step three; by verifying patient identification and insurance, acquiring signatures for consent to treat, all other administrative and clinical forms (Valerius et al.), as well as, providing the patient with HIPAA regulations and provisions; you are complying with federal, state, and local laws; HIPAA requirements, and preventing fraud or abuse (Valerius et al.).…

    • 565 Words
    • 3 Pages
    Satisfactory Essays
  • Powerful Essays

    Failure to adhere to regulatory compliance can impact a litigation process, which in the case of Stevens vs, Hickman Community Hospital was prominent when the Tennessee Court of Appeals dismissed the case based on failure to comply with Tennessee’s Medical Malpractice Act and the Health Insurance Portability and Accountability Act of 1996. This paper will include an IRAC Brief that will explain the case in detail followed by a brief explanation of governmental principles of regulatory compliance requirements, a brief explanation of methods for managing the legal risks that arise from regulatory compliance issues, and how this case can be applied within a business managerial setting.…

    • 1674 Words
    • 5 Pages
    Powerful Essays
  • Good Essays

    Stark law is the set of United States federal law that prohibits healthcare providers from engaging in a self-referral of the patient for various health related service, when the health care provider or any other immediate family member of provider has any kind of financial relationship with the entity. This law also prohibits the health care provider from referring (self-referral) the patient to other entities for designated health service (DHS) payable by Medicare and Medicaid when there is any kind of association between provider and entity (Vendenack, 2011). Similarly, this law also prohibits the healthcare organization from billing Medicare of any other health related service provided as a result of self-referral process. This kind of…

    • 600 Words
    • 3 Pages
    Good Essays
  • Good Essays

    The Health Insurance Portability and Accountability Act (HIPAA), became law in 1996. It requires health care providers, insurance companies and others involved in health care transactions to provide security on any system containing personal health information, store and transmit that information according to standardized rules, and place an automatic audit on files to help keep track of who should have access to them and whether those access rules have been violated. HIPAA complaints and violations that aren't fixed quickly are subject to a fine of between $100 per incident or a maximum of $25,000 per year for violation of a specific rule.…

    • 783 Words
    • 4 Pages
    Good Essays
  • Powerful Essays

    Hsm 542 Week 1&2 Discussion

    • 45403 Words
    • 182 Pages

    Reference: Pozgar, G. (2012). Legal aspects of health care administration. (11th ed.). London, England: Jones and Bartlett Learning, LLC.…

    • 45403 Words
    • 182 Pages
    Powerful Essays
  • Satisfactory Essays

    The author of Lord of the flies, William Golding, uses literary elements such as characterization to support his argument that man’s capacity for evil is revealed in his human nature. Golding uses his main characters- Jack and Ralph- as examples of inner evil. Jack is shown as unjust, mean and self-involved when “[he] took a step and…stuck his fist into Piggy’s stomach” (Golding 71). Additionally, Golding describes Jack as asticious, inimical, and down-right terrible.…

    • 74 Words
    • 1 Page
    Satisfactory Essays
  • Satisfactory Essays

    The Health Insurance Portability and Accountability Act of 1996 (HIPAA) was created to develop regulations to protect the privacy and security of certain health information; which shouldn’t be accessible to individuals without the need to know. The U.S. Department of Health and Human Services (HHS) is responsible for HIPAA compliance within the Privacy Rule as well as the Security Rule. This Privacy Rule develops national standards for protecting certain health information while the Security Rule establishes a national set of security standards for protecting specific health information that is held or transferred in electronic form.…

    • 470 Words
    • 2 Pages
    Satisfactory Essays
  • Satisfactory Essays

    ____________________. Your actions are in violation of Article 86 of the Uniformed Code of Military Justice (UCMJ),10 U.S.C. 886. Continued misbehavior of this type may result in judicial punishment or non-judicial punishment under Article 15 of the UCMJ adverse administrative personnel actions. Potential adverse actions may include: written or oral reprimands, a bar to reenlistment, extra training, suspension or revocation of your security clearance, and involuntary separation under AR 635-200, Chapter 13, Unsatisfactory Performance or Chapter 14, Misconduct. The impact of adverse separation can be severe depending upon the type of discharge you receive. A dishonorable discharge deprives a soldier of all veteran's benefits and may deprive him or her of their civil rights. If separated for your duty performance, the least favorable character of discharge you could receive is an under other than honorable conditions discharge. Both may cause undue hardships in civilian life and may reflect on your eligibility for veteran's benefits, eligibility for reentry into the Armed Forces, and acceptability for employment in the civilian community.…

    • 472 Words
    • 2 Pages
    Satisfactory Essays
  • Satisfactory Essays

    Clinical 1

    • 640 Words
    • 3 Pages

    Rationale: The Federal False Claims Act makes it illegal to submit a falsified bill to Medicare. The Stark Act makes it illegal for providers to refer patients to a provider or facility with whom the referring provider has a financial relationship. HIPAA protects a patient’s privacy and Miranda is a safeguard against false arrest.…

    • 640 Words
    • 3 Pages
    Satisfactory Essays
  • Powerful Essays

    This rule requires the covered entity to promptly notify individuals and the Secretary of the HHS of the loss, theft, or certain other impermissible uses or disclosures of unsecured PHI. Health care providers must also promptly notify the Secretary of HHS if there is any breach of unsecured protected health information if the breach affects 500 or more individuals, and notify the media if the breach affects more than 500 individuals of a State or jurisdiction.…

    • 1261 Words
    • 6 Pages
    Powerful Essays