Fact Based List:

Becker's Hospital Review: 13 Key Questions for Hospital-Physician Relationships — Assessing Legal Compliance

Submitted by Anonymous on Tue, 05/24/2011 - 10:29


  1. Is the relationship truly needed?
  2. Is the position and payment wholly unrelated to referrals or the intent to retain business?
  3. How comparable is the position to other positions in the hospital when it comes to specialties of lower financial value?
  4. How comparable is the position to those at competing hospitals?
  5. Is the payment fair market value? If so, what evidence supports this? Is there a third party valuation or objective, external evidence to defend this value?
  6. Has the relationship between the hospital and the physician been approved by internal parties who are unrelated to the outside parties involved?
  7. Does the relationship meet a Stark Act exception & an anti-kickback safe harbor? If a nonemployment arrangement, is the relationship set to pay a fixed aggregate amount per yr & not vary per the yr ?
  8. Can a rebuttable presumption under the Internal Revenue Code be obtained that the relationship doesn’t create private inurement or excess benefit?
  9. Has the hospital’s compliance officer, or legal counsel, approved the relationship?
  10. Is there a contracting file with legal and valuation approval? Has there been a comprehensive and detailed review of legal concerns?
  11. Will the relationship be viewed in the context of an organization that has a culture of compliance?
  12. Is there a short memo that supports the true need for the relationship?
  13. Can this relationship be considered standard for the system, or is it highly creative and unusual?


Source: Becker's Hospital Review, May 24, 2011
Source URL: http://www.beckershospitalreview.com/hospital-physician-rela...



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