However, we are mindful of the concerns raised by the question and can offer the following observations.
Second, the Phase II regulation, including the new exception at 411.357(e)(4) for certain joint recruitment arrangements, went into full force and effect on July 26, 2004.
Thus, a hospital-funded recruitment arrangement in which the recruited physician is subject to a restriction against competing with the group will not comply with the new joint recruiting exception in the Phase II regulations.
Accordingly, parties have had a legal obligation to comply with the statute since those effective dates.
In the absence of final regulations for a particular exception, parties must have complied with a reasonable interpretation of the statute.
My hospital has physician rec Yes, all recruiting arrangements must comply with the new regulations as of July 26, 2004.
Each financial relationship with a physician must be evaluated for compliance with the Stark law based on its specific facts and circumstances.However, the resident must become a member of the hospital’s medical staff.To the extent that, during his or her residency, the resident is not considered to be part of the hospital’s organized medical staff, the exception in 411.357(e) would be available to the hospital.May a group practice provide and bill for ancillary services provided in shared office space using shared equipment if the supervision requirement for the particular service is satisfied by a “member” of the group and the arrangement otherwise complies with Medicare coverage and reimbursement regulations? Services that qualify for the in-office ancillary exception in 411.355(b) must satisfy performance, location, and billing requirements.In order to satisfy 411.355(b)(1), a service must be furnished personally by: (i) the referring physician, (ii) a physician who is a member of the same group practice as the referring physician; or (iii) an individual who is supervised by the referring physician or, if the referring physician is in a group practice, by another “physician in the group practice.” A “physician in the group practice” is defined at 411.351 to include both a “member” of the group practice as well as an independent contractor during the time the independent contractor is performing services in the group practice’s facilities.If a resident moonlights, he or she may be a member of the organized medical staff of the hospital at which he or she moonlights.