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I am a dermatologist in New York State. I have a clinical lab

 
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  • Answered by:PaulMJD
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Customer Question

I am a dermatologist in New York State. I have a clinical lab company offering to contribute to my practices EMR software. I am under the assumption that this is illegal in NY state. They claim that it is not. Can you clarify this for me and provide me with a copy of the law so I can provide information. I want to stay within the law here

 

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Submitted: 1172 days and 13 hours ago.
Category: Business Law
Value: $15
Status: CLOSED
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Expert:  PaulMJD replied 1172 days and 12 hours ago.

This is going to come under the Stark law, which is the law prohibiting contributions to medical practices where there is a potential exchange for medical service or referrals or clinical labs. See: http://starklaw.org/stark_law.htm


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Customer replied 1172 days and 12 hours ago.

I have already found the stark laws. We have no financial tie or any agreement to send business to this lab. I dont think stark laws apply here. I think it is a different law . This is more of a self referral law which does not pertain here.

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Expert:  PaulMJD replied 1172 days and 12 hours ago.

The Stark laws are the laws governing these transactions, if your deal with them does not fall under the Stark laws, then NY has no different provisions that prohibit this. Stark is much more than a "self-referral law" it also prohibits some other entity providing you with renumeration in exchange for you sending patients to them.

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