The Stark Law Explained


Book Description

The riddles of the Stark Law have become increasingly difficult to solve. Thousands of pages of agency discussion and interpretation, judicial decisions, government and defense briefs, and commentary have tried to decode those riddles. The product of years of research and hands-on legal practice, this book provides a comprehensive and in-depth Stark Law resource that will give readers working in or with the health care industry the keys to decode this riddle, including: executives administrators attorneys compliance professionals clinicians accountants valuators business consultants regulators The main body of the book avoids "legalese" to explain the law in plain English. A Glossary of Acronyms is also included for readers new to the area. Much more than a primer, however, the book also provides detailed discussion and analysis for the reader looking for a more nuanced and comprehensive treatment. This book is both a teaching tool and reference guide to one of the most important, and complicated, statutes in the current environment of increased government scrutiny of health care regulatory compliance.




The Stark Law


Book Description




AHLA The Stark Law (Non-Members)


Book Description

More than a summary of the law, this new edition of an essential monograph offers in-depth critical analysis of this risky, complex area, as well as a wealth of practice pointers and advice for advising clients. Written by leading experts in the interpretation and application of Stark Law, the latest edition of The Stark Law: Comprehensive Analysis + Practical Guide offers up to date information on the following topics:The definition of entitySplit/shared evaluation and management servicesTimeshare agreementsValuing goodwill in physician practice acquisitionsJoint marketingFair market value assessments"Stand in The Shoes" when contracting with a groupWhen A collection of documents can constitute a written agreementDevelopments on the signature RequirementRevisiting fair market value over the course of a termLiability under The False Claims Act with respect to MedicaidBankruptcy trustees and Stark LawUpdates to the self-referral disclosure protocol




The Stark Law


Book Description

More than a summary of the law, this new edition of an essential monograph offers in-depth critical analysis of this risky, complex area, as well as a wealth of practice pointers and advice for advising clients. Written by leading experts in the interpretation and application of Stark Law, the latest edition of The Stark Law: Comprehensive Analysis + Practical Guide offers up to date information on the following topics: The definition of entity Split/shared evaluation and management servicesTimeshare agreements; Valuing goodwill in physician practice acquisitionsJoint marketing; Fair market value assessments "Stand in The Shoes" when contracting with a group; When A collection of documents can constitute a written agreement; Developments on the signature Requirement; Revisiting fair market value over the course of a termLiability under The False Claims Act with respect to Medicaid; Bankruptcy trustees and Stark Law; Updates to the self-referral disclosure protocol




AHLA Stark Final Regulations (Non-Members)


Book Description

This completely updated, revised, and expanded new edition of The Stark Law: Comprehensive Analysis + Practical Guide addresses the legal effect of final Stark regulations, which completes the formal rule-making process. Written by Charles B. Oppenheim, a leading expert in the interpretation and application of Stark law, this publication provides practical guidance for advising clients on complying with the current iteration of the regulations, as well as a look at what future direction the Stark regimen might take.HIGHLIGHTS INCLUDE:A discussion of key themes that emerge in the regulations, including the tempering of the previous trend of broadening exceptions for compensation arrangementsIdentification of important definitions and interpretive changes, discussion of remaining problem areas, and guidance for navigating each of themAnalysis of group practices and the exceptions applicable to them, as well as the recent guidance from CMS concerning the period of disallowance for referrals and claims, and analysis addressing the final ruleImpact on the physician practice world including issues relating to physician recruitment, specialty hospitals, gain-sharing arrangements, and Stark-compliant physician joint ventures




Foundations of Economic Analysis of Law


Book Description

What effects do laws have? Do individuals drive more cautiously, clear ice from sidewalks more diligently, and commit fewer crimes because of the threat of legal sanctions? Do corporations pollute less, market safer products, and obey contracts to avoid suit? And given the effects of laws, which are socially best? Such questions about the influence and desirability of laws have been investigated by legal scholars and economists in a new, rigorous, and systematic manner since the 1970s. Their approach, which is called economic, is widely considered to be intellectually compelling and to have revolutionized thinking about the law. In this book Steven Shavell provides an in-depth analysis and synthesis of the economic approach to the building blocks of our legal system, namely, property law, tort law, contract law, and criminal law. He also examines the litigation process as well as welfare economics and morality. Aimed at a broad audience, this book requires neither a legal background nor technical economics or mathematics to understand it. Because of its breadth, analytical clarity, and general accessibility, it is likely to serve as a definitive work in the economic analysis of law.




Culpable Carelessness


Book Description

A doctrinal and theoretical analysis of culpability for unjustified risk-taking in Anglo-American criminal law.




International Family Law


Book Description

International law has become part of everyday family law practice, as lawyers everywhere are confronted with questions regarding the rights of 'mail-order' brides, the adoption of children from other countries, the abduction of children by foreign parents, and domestic violence victims seeking asylum. Indeed, globalization is transforming family law, even as families themselves are being redefined. This book provides a practical overview of such issues and also examines the ways in which culture shapes family law in different countries. It provides students with a useful introduction to challenging, complicated and fascinating issues in international family law. Finally, by incorporating a comparative perspective, it gives readers an opportunity to re-examine their own legal systems.




Coercive Control


Book Description

Drawing on cases, Stark identifies the problems with our current approach to domestic violence, outlines the components of coercive control, and then uses this alternate framework to analyse the cases of battered women charged with criminal offenses directed at their abusers.




The Medical-Legal Aspects of Acute Care Medicine


Book Description

The Medical-Legal Aspects of Acute Care Medicine: A Resource for Clinicians, Administrators, and Risk Managers is a comprehensive resource intended to provide a state-of-the-art overview of complex ethical, regulatory, and legal issues of importance to clinical healthcare professionals in the area of acute care medicine; including, for example, physicians, advanced practice providers, nurses, pharmacists, social workers, and care managers. In addition, this book also covers key legal and regulatory issues relevant to non-clinicians, such as hospital and practice administrators; department heads, educators, and risk managers. This text reviews traditional and emerging areas of ethical and legal controversies in healthcare such as resuscitation; mass-casualty event response and triage; patient autonomy and shared decision-making; medical research and teaching; ethical and legal issues in the care of the mental health patient; and, medical record documentation and confidentiality. Furthermore, this volume includes chapters dedicated to critically important topics, such as team leadership, the team model of clinical care, drug and device regulation, professional negligence, clinical education, the law of corporations, tele-medicine and e-health, medical errors and the culture of safety, regulatory compliance, the regulation of clinical laboratories, the law of insurance, and a practical overview of claims management and billing. Authored by experts in the field, The Medical-Legal Aspects of Acute Care Medicine: A Resource for Clinicians, Administrators, and Risk Managers is a valuable resource for all clinical and non-clinical healthcare professionals.