Topic: Abuse & Fraud

Description: [?]
Preferred language style: English (U.S.)

You are the head administrator for Sundown Community Hospital. The board of directors has directed you to enter into a joint venture agreement with Central Park Medical Group, a physician group practice whose patient population (60%) consists of Medicare patients. To make the bid attractive, you have been authorized to offer permanent staff privileges to the physician owners as well as monthly bonus arrangements.

In light of anti-kickback laws, and Medicare regulations, and the case decision in Feldstein v. Nash Community Health Servs., Inc., No. 5:97-CV-522-BR-3, UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA, WESTERN DIVISION, 51 F. Supp. 2d 673; 1999 U.S. Dist.:

What concerns do you have, and
Do you proceed with the arrangement as the board has directed?
What recommendations would you make?
Assignment expectations:

Identify and discuss applicable federal regulations relating to kick-backs and safe-harbor regulations;
Using the applicable statutes, the Feldstein case and other relevant cases from your individual research, discuss the proposed scenario.
Make recommendations in light of the applicable statutory and case law.
Limit your responses to a maximum of four pages, not including title and reference pages.
Be sure to utilize at least 3-4 scholarly references to support your discussions.
Be sure to properly cite your references within the text of your assignment and listed at the end.
Be sure to apply critical thinking skills to the write-up of your assignment, especially in regard to #2 and #3 above.

References:
1. Altshuler, M., Creekpaum, J., & Fang, J.. (2008). HEALTH CARE FRAUD. The American Criminal Law Review, 45(2), 607-664.

2. INFORMATION ISSUED BY U.S. ATTORNEY’S OFFICE FOR THE SOUTHERN DISTRICT OF FLORIDA ON NOV. 3: JURY CONVICTS MIAMI DEFENDANT IN HEALTH CARE KICKBACK CASE. US Fed News Service. Washington, D.C.: Nov 3, 2006 pg. n/a.

3. Office of Inspector General (1999). FEDERAL ANTI-KICKBACK LAW AND REGULATORY SAFE HARBORS. Retrieved from: http://www.oig.hhs.gov/fraud/docs/safeharborregulations/safefs.htm.