Strak Law medical law

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Stark Law

Prior to beginning work on this discussion, read Chapter 7 of the textbook and the article Stark and Anti-Kickback Laws Limit Lab-Marketing Methods, and review the web page Health Care Fraud News (Links to an external site.)Links to an external site., the website Stark Law (Links to an external site.)Links to an external site., and the handout The STARK Law. Then, review the following case study:

Two physicians, Dr. S. and Dr. V., leased a nuclear camera so they
would no longer have to refer their patients to the local hospital for
nuclear imaging. Faced with the prospect of losing over a third of its
$2,274,094 in annual gross nuclear medicine revenues, the hospital
responded by threatening to revoke the doctors’ admitting privileges.
Lengthy negotiations ensued, at the end of which the hospital agreed to
sublease the camera from the two physicians; the camera remained at the
physicians’ offices but other physicians with privileges at the hospital
could use it. Four other local physicians who provided the same or
similar services to patients as Dr. S. and Dr. V. brought a qui tam
action alleging that the sublease violated the Anti-Kickback and Stark
Acts and that the defendants falsely certified compliance with those
laws in connection with claims submitted to Medicare in violation of the
False Claims Act.

(Please note: This is an actual court case and an Internet search may
uncover the actual case details. You are prohibited from utilizing any
source materials associated with this case. Use of any related materials
will result in a reduction of points on this assignment. This
assignment is being graded on your ability to think critically—on your
own recognizance—based on your comprehension of the knowledge provided
in this week’s learning materials.)

Carefully review Chapter 7 of your textbook and research Stark Law. Given this scenario,

  • Analyze whether the actions of Dr. S. and Dr. V. violated Stark Law.
  • Explain the legal parameters for patient rights and the role that Dr. S and Dr. V play in protecting those rights.
  • Explain the federal, statutory, or case laws that apply in this scenario.
  • Provide solid evidence supporting your decision by utilizing
    information from the Ashford University Library as well as the law
    itself.

The Stark Law paper

  • Must be two to three double-spaced pages in length (not including
    title and references pages) and formatted according to APA style .
  • Must include a separate title page with the following:
    • Title of paper
    • Student’s name
    • Course name and number
    • Instructor’s name
    • Date submitted
  • Must include an introduction and conclusion paragraph. Your
    introduction paragraph needs to end with a clear thesis statement that
    indicates the purpose of your paper.
  • Must use at least two scholarly sources from the last five to seven years in addition to the course text.
  • Must document any information used from sources in APA style.
  • Must include separate references page that is formatted according to APA style

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