• E-mail
• Print
• RSS

Updating a conflict of interest policy

Compliance Monitor, February 17, 2006

Want to receive articles like this one in your inbox? Subscribe to Compliance Monitor!

Q: We believe our hospital's conflict of interest policy for employed staff physicians is outdated. What should we do to update the policy?

A: Given the entrepreneurial spirit within the healthcare system-and within the physician community-regular review of conflict of interest policies by hospital administration and legal counsel is important.

Generally, physicians should complete the hospital's conflict of interest questionarre upon being hired and annually thereafter. Because of the federal Stark and Anti-Kickback statutes, it is important for a physician to identify family members who are either practitioners or who are involved in the healthcare delivery system, and to whom referrals may be made or received. If there are other financial relationships among any of the parties, they must be included in the disclosure.

In addition, if a physician or family member has any ongoing financial arrangements with a medical device, pharmaceutical, or other vendor company that has a business relationship with the hospital, they must be disclosed. Moreover, if the physician has a business relationship with the hospital aside from his or her clinical duties, this must be included in the disclosure.

Because new business opportunities often present themselves, it is prudent to require "interim" disclosure by the physician if there is a change in the facts from the last time he or she completed the conflict of interest policy.

Thanks to Bruce D. Armon, Esq., a partner with the law firm Saul Ewing LLP, for answering this week's question. Armon specializes in healthcare law and can be reached at barmon@saul.com.

Want to receive articles like this one in your inbox? Subscribe to Compliance Monitor!

• E-mail to a Colleague
• Print
• RSS
• Archive