Ensure Physician Integrity Research Paper

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Can Anyone Ensure Physician Integrity? : An introspective look at the effectiveness of the Medicare/Medicaid Federal Anti-kickback Statute Mario A. Lopez COMM/112 March 7, 2012 Rachelle Brown Can Anyone Ensure Physician Integrity? : An introspective look at the effectiveness of the Medicare/Medicaid Federal Anti-kickback Statute When the average person thinks about a doctor, or for that matter any other type of health care provider, he or she generally envisions a big-hearted “do-gooder” type, always eager to help those in need, and always operating in a matter consistent with their patient’s best interests in mind. This perception may be accurate in most cases. However, the harsh reality remains that without rules and regulations…show more content…
With the addition of this final rule, the total number of anti-kickback safe harbors that immunize providers from criminal liability under the anti-kickback statute is up to 23. It is important to keep in mind that failure to qualify for a safe harbor does not automatically mean an arrangement that violates the statute. Instead, the arrangement is subject to examination on a case-by-case basis to determine whether the purpose was to improperly induce referrals (Findlaw,…show more content…
It also appears, however, to be a very fine line between preventing an illegal kick-back and disrupting a legitimate fee for a necessary service by an authorized professional. While it is important to discourage the former, some feel that expanding on the already broad statute for the purpose of sealing a few loopholes might accomplish more of the latter. “Because the law is broad on its face, concerns have already arose among health care providers that some relatively innocuous, and in some cases even beneficial, commercial arrangements are currently prohibited by the anti-kickback law” (Office of Inspector General, 1999). It is for these reasons that after careful consideration of all of the various resource materials used to complete this study, I must conclude that although the potential to exploit the healthcare system in the aforementioned manner still exists, the risk/reward balance has been tipped in the favor of integrity since the advent of anti-kickback
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