As the Compliance Officer (CO) for Centennial Health (CH), you've just identified a Cup Agreement launched offering
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Question:
As the Compliance Officer (CO) for Centennial Health (CH), you've just identified a "Cup Agreement" launched offering physicians free urine cups for those practices that signed up. With this agreement, CH provides the free urine samples as long as the following conditions are met:
- The physician always orders CH's "Custom Panel" which tests for everything CH offers regardless of whether the patient needs such testing;
- If further testing is required, the physician has to refer back to CH for additional testing; and
- If the physicians fails to comply with these requirements, CH will charge the physician for the cups.
1) Based on the Seven Elements and the Medicare Anti-Kickback Statute (AKS), is the Cup Agreement and its provisions violate the AKS? How?
2) Does the CH's Cup Agreement comply with the personal services and management contracts ("personal services") safe harbor protections? Why or why not?
3) How can the above violations or non-compliance of AKS be addressed and resolved?
Related Book For
Understanding Business Ethics
ISBN: 9781506303239
3rd Edition
Authors: Peter A. Stanwick, Sarah D. Stanwick
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