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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 116713
Experience:  20+ Years of Employment Law Experience
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I am a physician working at a hospital. My superior at work

Customer Question

I am a physician working at a hospital. My superior at work forced me to use a certain company product, and he is a paid consult of the company. Normally, we have the right to choose whatever product we think works best for our customers, but I was forced to use that particular company products. When I tried to use other company products, he used his influences on other people at work and successfully blocked me from trying other products. Could this be any violation of law?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
If he is receiving compensation for use of the product, this can be a violation of the Stark Act under their anti-kickback statute. This is something for the US Department of Health and Human Services to investigate, since they handle Stark violations. They would need to get into this to see what his financial arrangement is and if he is getting compensation based on use of the product, then it would likely violate Stark and be grounds for the US Attorney to pursue him for sanctions.
It is illegal for any doctor to refer or push use of a product that they have financial interest in.

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