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Hello, my name is ***** ***** I will try to help you. Please remember I just report or interpret the law, so the outcome may not be what you hoped for.
The fee schedule that you refer to is that schedule different from what the medicare fee is for the services in question? Is there a common ownership between the hospital and your service? Does the doctor ordering the tests have an ownership interest in both your facility and hospital?
I will do some research and get back to you tomorrow.
Your intermediary is correct. The STARK law really deals with doctors referring to entities they control. That is not applicable in your situation. The anti kick back is about paying consideration for referral of health care business. You are paying the standard price for patient services that is equal to the medicare fee schedule. You are not paying extra consideration to the hospital for the services so there is no kickback direct or indirect.
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