Corporate Compliance

Giving IT tools to docs may defy anti-kickback rules

Health Care Auditing Strategies, December 1, 2005

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Consider what might be wrong with the following scenario: A hospital provides a nonstaff physician with a laptop to help the physician create more compliant and accurate records.

Nothing to worry about, right?

Wrong. In the universe of healthcare regulations, investigators may see this scenario as an inducement. And that means potential violations of anti-kickback and Stark II regulations.

"Healthcare seems to be a counterintuitive industry," said Reece Hirsch, a partner at Sonnenschein Nath & Rosenthal, LLP, in San Francisco, during the American Health Lawyers Association/Health Care Compliance Association Fraud and Compliance Forum this September in Baltimore.

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