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Laws and Regulations
This area deals with identifying and interpreting the impact of government regulations and law on the organization; identifying the need for and working with others to develop new regulations and laws; investigating, monitoring, documenting, and enforcing existing statutes; and maintaining communication and cooperation with both public and private organizations.
October 2008
Friday October 31, 2008
Antitrust Law and Certficiate of Need (CON)
Posted by: Robin Scott at 1:43PM EST on October 31, 2008
The slide presentation notes that Antitrust laws are established to "address the abuse of market power or dominant market position."  How does Certificate of Need (CON) regulations / requirements tie into Antitrust laws?  
Wednesday October 29, 2008
Stark Law/Exceptions
Posted by: Teresa Huskey at 9:20PM EST on October 29, 2008
I'm interested in learning what others in the online community have to say about the "whole" hospital exception to the Stark law that allows physicians to open their own "specialty" hospital (such as an ortho or heart hospital) and self-refer their patients.  If it amazing to me that hospitals must be so careful as to not "induce" admissions from any one physician, but a physician can own a hospital and self-refer patients.  Thoughts?
Sunday October 26, 2008
Respondeat superior
Posted by: Joan Queen at 2:44PM EST on October 26, 2008
Have any of your health care organizations been subject to liability under the theory of respondeat superior?
Saturday October 25, 2008
Stark Law
Posted by: Michael Barry at 10:16AM EST on October 25, 2008

Hello All,

I am a nursing home administrator and my company has its own hospice and my residents have been being referred to the hospitals hospice while in the hospital by their doctors.  The question I have is; do you think the hospital is violating the Stark Law by preventing our hospice from coming in to thier facility so we can assess our resident for hospice and return to the home and are the doctors violating the law by referring them to the hospital hospice?  Mike

Friday October 24, 2008
Joint ventures and Stark
Posted by: Edmund Lafer at 6:50PM EST on October 24, 2008
Has anyone had any Stark violations relating to joint ventures between the hospital and physicians? I would think these are at risk of inducing referrals.
Tuesday October 21, 2008
Stark
Posted by: Veronnica Smith at 11:34PM EST on October 21, 2008

Wow there is a lot of material this week!  I am only 1/3 done but have a scenario for discussion.  SCENARIO:  Paid medical director for a long term care facility writes the following discharge order, "Discharge to __________ (the facility that is paying medical director)"  Does this violate Stark?

 

If it does, what is the hospital discharge staff response?