United States V. Greber and United States V. Mcclatchey Case Questions

662 Words Dec 14th, 2011 3 Pages
Discuss the United States v. Greber and United States v. McClatchey case questions 1. How, if at all, can you distinguish Greber from other instances of payment for professional services? Suppose the percentage Dr. Greber paid to the physicians had not exceeded Medicare’s guideline? Would that payment still amount to prohibited remuneration in this court’s eyes?

Yes. I think Dr. Gerber is still responsible. Although the payments made had legitimate purposes, they could still be viewed as intent to induce referrals. And as long as one purpose among all was intended to induce referrals then a statute becomes violated. Secondly, the law views remuneration as anything that has monetary value. Therefore, I would agree the court would
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If you had been a juror in this case and had heard “Instruction 32,” where would you have drawn the line between intent to induce referrals and a mere hope that referrals might ensue?
The intent to induce referrals is intentional and I will view it as an intentional tort. It is completely different from just the mere hope that referrals might result. The mere hope that referrals might result is an honest gain. On the other hand, the intent to induce referral for physician’s personal interest is insincere, against the law, harmful and is an automatic violation. I will draw the line on automatic violations as explained in the Stark Laws.
2. The summary given here leaves out many important facts. What other facts might have been important to you as a juror?
Other facts include: the ethics surrounding the referrals, the statutory exemptions and responsible parties to be held accounted for. 3. Recognizing that physicians are their life blood, hospitals have long provided certain amenities to “keep the docs happy.” Among these perqs are preferred parking, free meals, and “professional courtesy” (discounts for care for themselves and their family members). Because the one-purpose test now appears to be the accepted standard under the FCA, and because a purpose of “keeping docs happy” is to encourage them to refer patients to the facility, are these types of benefits now illegal?
From my perspective, I do not think these practices are illegal. The professional courtesy

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