Wiki CPPM Practice exam laws question clarification

[Deepika_K]

I am targeting for CPPM Exam this May -03 as the second retake. I have purchased the practice exam and unable to justify for the correct answer one of the questions regarding laws.

Can you please help me in understanding the answer for the follwing question.

A hospital provides free office space to providers who admit patients for inpatient procedures. Which law(s) does this violate?
A. Stark Law
B. Anti-Kickback Law
C. Anti-Kickback Law and Stark Law
D. This is standard practice and does not violate any laws

I came to know from the rationale that the answer for this question is option B (Anti Kickback Law).


Can you please help me in understanding why this case would not be violation of Stark law

As per the definition, stark law prohibits physicians from referring medical facilities in which physician has financial interest whether by investment, ownership, and compensation arrangement.

So here the physician is receiving the free office space as an compensation arrangement for admitting patients to inpatient procedures to the hospital. So why is this not an violation of stark law as per the definition.

Can you please help me in understanding the same.

 

[Nicpic92]

My input

Hello,

It would not be a violation on stark law because the physician is not self referring. The hospital may give office space for doctors who admit for inpt. procedures... but who the hospital is not referring the patient to this doctor.

 

[jmartin106]

Answer is B

I am currently a Practice Manager and I've faced this in our clinic. Our attorney explained to me that we cannot allow physicians to have free office space, we must rent it to them otherwise we violate Stark Law. So we have to rent the space for FMV (Fair Market Value) which is about $37 a month. Nothing can be given away for free or it runs the risk of violating some law.. just keep that in mind