Wednesday, January 1, 2014

Can a hospital force an entity with which it has an affiliation agreement to keep the entity's patients in the hospital's network?

Question

Can a hospital force an entity with which it has an affiliation agreement to keep the entity's patients in the hospital's network?



Answer

It depends on the relationship between the hospital and the entity and is governed by a complex body of federal law. If done improperly the violations possibly include Stark self referral laws, Anti-Kickback (criminal), and the False Claims Act (and all associated regulations). The analysis is not simple, so without more it is really impossible to give a simple answer.



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