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Unformatted text preview: Includes: • In cash/in kind • Directly/Indirectly • Overt/covert • Giver/Receiver Anti-Kickback Act: does not apply to bona fide employees Mixed-motives: law says if any part of the motivation was to induce referrals, then it is unlawful ==> "the lust in the heart test" Congress amended the statute to include Safe Harbors: Lists conduct that will be considered ok If you do not fit within safe harbor? Does not = unlawful, goes back to law to determine intent Self Referrals = Stark Law: made it unreasonable for docs to own interest in a hosp (but not unlawful)-> If doc owns interest in a facility, they cannot refer pts to that facility and if they do Medicare/Medicaid cannot be billed for the services provided....
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This note was uploaded on 04/05/2008 for the course HPAA 310 taught by Professor Deanharris during the Fall '07 term at UNC.
- Fall '07