STARK BASIC TRAINING - The American Health Lawyers Association
STARK BASIC TRAINING - The American Health Lawyers Association
STARK BASIC TRAINING - The American Health Lawyers Association
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IMPUTED REFERRALS<br />
• Consulting physician’s referrals for DHS<br />
imputed to physician requesting consult<br />
• Referrals made by nonphysicians that are<br />
deemed to be made by the physician<br />
• Facts and circumstances test<br />
• Degree of control or influence exerted by<br />
physician on the nonphysician<br />
17<br />
WHAT IS A REFERRAL<br />
“TO AN ENTITY”?<br />
• Anything “reasonably intended” to result in<br />
patient receiving service from the entity<br />
• Need not be in writing or absolute<br />
• Directing/steering referrals<br />
• “Innocent entity exception” (411.353(e))<br />
• For indirect and oral referrals<br />
• Protects DHS entities that do not know identity<br />
of referring physician<br />
18<br />
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