respond to the following as a peer. The stark laws are designed to prevent patients from undue financial stress and unnecessary medical care. The stark laws are anti-kickback laws created to prevent physicians from sending patients to places where the physicians would make money off of the patients receiving exams or care. This sort of thing was created because there were physicians who would order exams and then send the patient to a clinical or surgical center in which they were invested and profited off of. Stark laws were conceived as a way to prevent the ethical violation of unnecessary prescribing and self interest of physicians. I think that the stark laws are a great idea, and that it is important to assure that physicians are not self referring and are prescribing exams and surgeries because it is truly in the patients best interests and not because they stand to have personal gain. However, I do think that discouraging physician cooperation could be a significant disservice to patients. For example, if a physician and a pain management clinic have a contract to refer patients within their practice at a discount than the clinic stands to increase revenue and patients can save money as long as the service is something they truly need. Iâ€™m hesitant to say that this is something that should be allowed because of the potential for ethical violations in the name of profit, but if its something that can reduce patients cost in addition to increasing revenue, I cant see why it shouldnâ€™t be allowed.
Breaking down the Stark Law and Anti-Kickback Statute. (2020). Medical Staff Briefing, 30(2), 1â€“5.
Brady, M. (2020). Physicians, hospitals welcome Stark law changes, but not with transparency link. Modern Healthcare, 50(1), 10.