hospital or surgry center

[k needs help]

What is the name of your state? PA
I work for a group of 3 doctors and they have recently opened a surgry center along with several other group practices in the area. They also have privilages at our local hospital. When a patient is signed up for surgery in our office the schedule them at the surgery center where they have a financial interst. They do not tell the patient of thier financial intrest or let them know they could also have the procdure at the hospital. Is this against the law? Stark? Kick-back?

 

[lya]

What is the name of your state? PA
I work for a group of 3 doctors and they have recently opened a surgry center along with several other group practices in the area. They also have privilages at our local hospital. When a patient is signed up for surgery in our office the schedule them at the surgery center where they have a financial interst. They do not tell the patient of thier financial intrest or let them know they could also have the procdure at the hospital. Is this against the law? Stark? Kick-back?

Before any type of surgery center or diagnostic center is opened, an application for certificate of need must be obtained. Doing so notifies all other healthcare providers offering the same services that an application has been made for X type of facility. After the CON is approved, all interested parties have the option of suing the proposed facility's "owners" and attempting to block the new facility. Usually, the major hospitals or interested hospitals will offer start-up money and claim a small percentage of the profits in the new business; this keeps things "friendly" between the new facility and the existing facilities.

I'm sure all is well with the situation you described.

 

[ecmst12]

Since a surgery center is less expensive then a hospital, it is in everyone's interest to have procedures performed there as opposed to in the hospital, whenever possible.

 

[k needs help]

Less expensive is not the issue as emst12 refers to! I am asking the question in regards to the Stark Law. The surgery center makes the patients pay the deductibles and co-insurances upfront (prior to even letting them have the needed surgery), the hospital does not do this and has financial aid if need. The patients are not informed of this. My question was by law must they give the patient the choice and let them know of the financial intrest in the surgery center?

 

[LAWMED]

Remember that Stark only applies to Medicare patients. Also Stark II provides an exception to ambulatory surgery center ownership for surgeons who operate there. Various states (NJ for one) have enacted laws that go farther than Stark, and which close such exceptions. Whether PA has done so i do not know. To comply with anti-kickback safe haven provisions depends on the actual structuring of the business entity regarding investor compensation.

 

[lya]

Less expensive is not the issue as emst12 refers to! I am asking the question in regards to the Stark Law. The surgery center makes the patients pay the deductibles and co-insurances upfront (prior to even letting them have the needed surgery), the hospital does not do this and has financial aid if need. The patients are not informed of this. My question was by law must they give the patient the choice and let them know of the financial intrest in the surgery center?

For Pete's sake. It's like someone who eats at the 'soup kitchen' going to the Red Lobster and calling a lawyer because the meal wasn't free.

This thread has nothing to do with the need for medmal advice--it's just another American wanting a free ride or a damage award if he or she has to pay for the ride.

Be ashamed; very, very, very ashamed.

 

[LAWMED]

For Pete's sake. It's like someone who eats at the 'soup kitchen' going to the Red Lobster and calling a lawyer because the meal wasn't free.

This thread has nothing to do with the need for medmal advice--it's just another American wanting a free ride or a damage award if he or she has to pay for the ride.

Be ashamed; very, very, very ashamed.

WOW...jump to another conclusion...might be an Olympic sport some day.

 

[k needs help]

Thanks LAWMED I agree! lya wants to compare apples to oranges!! My question was in regards to a medical law and a obvious need for this law (Stark). Patients that need surgery to stay alive and are not given the information of concern stated in my thread are in jepordy!!!!! The surgeries are life threaten not just having a ingrown toe nail removed! Some of these patients do not know they have a option and choose not to have the surgery because of financial issues. So shame on you lya!!! If you have issues with my question or don't understand it, DON'T respond with poor taste,knowledge and compashion!