Fla.'s Patient Self-Referral Law Not Preempted, 11th Circ. Says

Law360, New York (January 10, 2013, 6:37 PM EST) -- The Eleventh Circuit on Thursday dismissed a challenge to a Florida measure banning physician self-referrals for patients with end-stage renal disease, ruling the state law is not preempted by the federal Stark Law that exempts these patient referrals.

The appeals court said that though the federal law, which prohibits physicians from referring their patients for services in which they have a financial interest, carves out an exemption for doctors referring end-stage renal disease patients, Florida was free to enact a more restrictive law that does not...
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