On the surface, the possibility of a strong law violation is increased by medical agreements when the hospital requests referrals from the doctor or a financial benefit because of the doctor`s working relationship with the hospital. (iii) In the case of an income guarantee of any kind that the hospital grants to a committed physician who joins a medical practice, the costs that the medical office has awarded to the physician recruited do not exceed the actual additional costs to be charged to the physician recruited. For a physician hired for a medical practice in a rural area or an HPSA, when the physician is hired to replace a physician who retired in the last 12 months, who has moved or died outside the geographic area served by the hospital, the costs allocated by the medical office to the physician recruited do not exceed – 1. If you want to hire the physician as an employee and not pay more than fair value, you can structure the agreement so that it fits into Stark`s safe employment port, in good faith, which requires hospitals and other institutions that encourage the hiring of doctors to ensure that their rules comply with federal and national laws governing financial relations with physicians. , including the Ethics in Patient Referrals Act (”Stark”), anti-kickback status (”AKS”) and 501 (c) (3) IRS requirements. Recruitment agreements are normally required to register at one of the following safe ports: Experienced health lawyers verify the following rights and obligations of each of the three signatories to the agreement. Recruitment of non-doctors. The above rules apply to the hiring of physicians, not necessarily mid-level physicians or other non-medical providers. CMS refused to expand Stark`s recruitment sphere to medium levels. (72 FR 51049). This could be a big problem if the mid-level group joins a group of independent physicians, as hiring incentives can benefit the group, which could result in serious and potential aks injuries. (Id.; see also OIG Supplemental Compliance Program Guidance for Hospitals, 70 FR 4858, 4868). All parties should review the agreement before it is signed.
Once the contract is signed, it will be very difficult to overturn the contract, unless it is a fraud. Additional waiver requirements for physician recruitment: (42 CFR 411.357 (l); see also item 411.357 (d) Compliance with the Above Stark parameters generally addresses the akS and 501 (c) (3) concerns although there are some additional conditions if you wish to integrate directly into the corresponding AKS sphere.