A Stark Lesson For Doctor-Hospital Arrangements

Law360, New York (June 17, 2009, 12:00 AM EDT) -- A three-judge panel of the U.S. Third Circuit Court of Appeals recently reversed a summary judgment previously granted in favor of a hospital system finding that the hospital system’s relationship with its exclusive anesthesiology providers failed to meet the requirements of the personal service exception to the federal Stark Law and the safe harbor to the federal Anti-Kickback Statute applicable to personal services and management contracts.


In 1992, Blue Mountain Anesthesia Associates PC (“BMAA”), a group of four anesthesiologists, was engaged by Carlisle Hospital and...
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