Stark Law Personal Services Agreement

(i) no specific payment is made, directly or indirectly, to a physician or group of physicians under the plan to reduce or limit the medical services required in respect of a particular person enrolled in the institution. Nor would the provision on results-oriented payments protect a payment that relates only to internal savings for the procuring entity. For example, it would not protect a results-based payment agreement between a hospital and a group of physicians, in which the parties shared financial risk only with respect to the goods or services for which the hospital is reimbursed. However, a results-based payment agreement, under which a hospital and a group of doctors share financial risk across care facilities, would be protected. Health Management Associates (HMA) purchased the hospital and clinic from CHHS in 2001, and HMA and BMAA continued to work under the terms of the existing anesthesia service contract at both the hospital and the clinic. The parties have never updated the agreement to specifically respond to BMAA`s provision of pain treatment services to the clinic. (v) Electronic prescription of goods and services. Non-monetary remuneration (consisting of goods and services in the form of hardware, software or computer and training services), only necessary for the receipt and transmission of electronic prescription information and used exclusively if all of the following conditions are met: (ii) Not used to provide designated health services that are not used with assessment and management services at the time of the assessment and visit e patient management; and (4) The compensation is proportionate to the provision of medical services to the hospital or is intended, directly or indirectly, to facilitate the provision of medical services. (B) Essentially, all services provided by the healer to patients in the doctor`s office are basic services or psychiatric services. . .

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