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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Business Law
Satisfied Customers: 110427
Experience:  All corporate law, including non-profits and charitable fraternal organizations.
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I am a dermatologist in New York State. I have a clinical lab

Resolved 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
Submitted: 6 years ago.
Category: Business Law
Expert:  Law Educator, Esq. replied 6 years 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:

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Customer: replied 6 years 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.
Expert:  Law Educator, Esq. replied 6 years 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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