Hospitalists and Stark

February 1, 2009

We are in the process of hiring a hospitalist. Do we need to be concerned with Stark or anti-kickback violations if the hospitalist refers patients to our outpatient practice?

Question: We are in the process of hiring a hospitalist. Do we need to be concerned with Stark or anti-kickback violations if the hospitalist refers patients to our outpatient practice?

Answer: There is a relevant Stark exception for employee referrals that do not result in direct remuneration to the referring physician.

That said, you absolutely should speak to an attorney - the hospital may be able to help you there - about the best ways to structure the relationship.