Federal Regulations Identify And Discuss Case Study


Feldstein from Arizona. When the hospital was purchased by another company, they canceled the contract with Feldstein claiming that the actions that were taken were illegal. In the case, the court sided with Feldstein saying that a host of hospitals will use a variety of incentives to attract doctors. Under the Stark Law (which prohibits doctors and hospitals from making self referrals) they found that the health care facility did not violate any provision. (Stark Law 2010) However, the transaction was considered to be questionable, because of the unique arrangement that Feldstein and the hospital had about the referrals of patients. As a result, the decision would outline a number of different principals including: illegal activity arguments can be made by either party, recruiting arrangements based on referrals are in violation of federal law, hospitals need to carefully scrutinize recruiting agreements and they should develop strategies to protect themselves against possible litigation (from their recruiting program). When you put these different elements together, this means that Sundown Community Hospital must take a unique approach, when entering any kind of possible physician recruiting alliances. (Recent Federal Court Ruling 1999) Recommendations for Addressing these Issues

The current arrangement that Sundown Community Hospital has with the Central Park Medical group could be considered to be questionable. The reason why is because 60% of the patients are from Medicare and there is a push...


This is problematic, as regulators could claim that this is a referral induced program with kickbacks. As a result, there must be a series of checks and balances to determine the rewards that are being offered. Once way to accomplish this objective, is to create a review committee that will consist of: staff members, former regulators and individuals from the community. In this case they will examine the law and seek to find a balance in offering incentives with the different regulations. At the same time, legal council would need to review the different recruitment policies and establish mechanisms for limiting the hospital's liability. This is important, because it will ensure that Sundown Community Hospital is following the law, while protecting their interests. These two elements must be taken into account when recruiting doctors for their facility.
Clearly, Sundown Community Hospital can engage in physician referral programs that will address the challenges they are facing. However, a strategy of limiting legal liability and ensuring that all contracts are following the law are essential (in protecting the facility). If these two elements can be included in the doctor referral program, it would create the desired benefits, while limiting legal liabilities.


Anti-Kickback Statute, 2011, Health Lawyers. Available from: [25 January 2011].

Federal Anti-Kick Back Laws and Safe Harbors, 1999, HHS. Available from:

Sources Used in Documents:


Anti-Kickback Statute, 2011, Health Lawyers. Available from: <http://www.healthlawyers.org/Resources/Health%20Law%20Wiki/Anti-Kickback%20Statute.aspx> [25 January 2011].

Federal Anti-Kick Back Laws and Safe Harbors, 1999, HHS. Available from:
Recent Federal Court Ruling, 1999, Health Alert. Available from: <http://www.akingump.com/docs/publication/152.pdf> [25 January 2011].

Stark Law, 2010, Stark Law. Available from: <http://starklaw.org/> [25 January 2011].
Sataline, Suzanne, 2010, Medical Schools Can't Keep Up, WSJ. Available from: <http://online.wsj.com/article/SB10001424052702304506904575180331528424238.html> [25 January 2011].
Harvard Format. http://libguides.library.uwa.edu.au/data/files2/49275/Harvard%20LibGuide%20-%20All%20Examples%20PDF.pdf

Cite this Document:

"Federal Regulations Identify And Discuss" (2011, January 25) Retrieved June 13, 2024, from

"Federal Regulations Identify And Discuss" 25 January 2011. Web.13 June. 2024. <

"Federal Regulations Identify And Discuss", 25 January 2011, Accessed.13 June. 2024,

Related Documents

Still other states, such as Nevada and North Carolina, require four weeks or more for eligibility for home instruction (See Appendix C). In terms of providing instruction, the states vary greatly in their requirements. In some states, such as Alaska and Hawaii, the homebound or hospital instructors are not required to hold certified teaching certificates, but act as tutors alone. They obtain regular classroom materials from the student's regular instructor,

The last and final level of the federal court system is the U.S. Supreme Court. A federal defendant begins his case in the District Court, but can appeal decisions. Because there is an essential difference between the violation of state and local laws and the violation of federal laws, it would seem as if federal law enforcement agents would play a different role from state or local agents. Pop media

The Federal reserve realized the big negative impact of MBS and announced a 600 billion program in November 2008 to purchase these securities and this helped to bring back some liquidity into the market. In March 2009, it added another $750 billion to bring the total to $1.25 trillion. The Fed has the power to create or print more money to increase money supply in the market and this is exactly

Regulation in Nursing Regulatory and Accreditation Body Paper Regulatory and accrediting bodies and how they impact nursing education What is the difference between regulation and accreditation? Because regulatory and accreditation bodies are often spoken of in the same breath, it is easy to confuse the two. Both are pertinent to the role of nursing faculty, given that a nursing educator must prepare her students to conform to the standards of the nursing profession,

Federal and State Government An Analysis of Powers in Federal and State Government The debate over having a strong central government or strong state government in the early days of the Republic seemed to fall on the side of the states. But as the years have proven, the Constitution, which extended very specific powers to the U.S. government, has come to be interpreted in ways that would extend even more power to

Federal Securiies Laws Disclosure: Pros and Cons Federal securities laws disclosure: pros and cons Economic agents were traditionally forced to generate funds by themselves. Upon stating up a business entity, the owner was required to possess most of the capital and would collect the additional necessary one through loans from either individuals or specialized institutions. Gradually, the capital requirements became more easily to satisfy as the incidence of financial institutions increased. In