Stark Law Question
I am planning on opening a medical practice. I plan to rent office space in a medical office building, for fair market value, from my father who is also a physician and owner of that building.
My practice and his are entirely separate. Separate names, tax IDs, separate bank accounts, separate billing. I am a specialist and he is a general primary care doctor.
Under the Stark law, are there any problems with him referring patients to me? There will be a signed lease for the office space, for the duration of a year, it will be for fair market value. I will not be referring patients to him. And I will not be compensating him in any way for anyone he refers to me.
Answer
you will need to hire an attorney to look at this carefully for you.
no attorney in his or her right mind is going to answer a complex question like this, with a lot of liability attached to it, for free.
Answer
If you call my office to set up a consultation, I would be pleased to discuss the issue with you and get additional information that I need to properly answer your question. The Stark Law, like the other fraud and abuse laws, is very complex, and your fact pattern requires careful analysis. I have a background in health care law and I'd be pleased to help you with this issue.
Rhonda E. Greenblatt, Esq.
222 New Road, Suite 302
Linwood, N.J. 08221
(609) 927-9227
physicianhealthlaw.com
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