The emperor has no clothes: examining the employee exception to the anti-referral laws.
The Anti-Referral laws are omnipresent in the practice of health law. Perhaps as a result of their wide scope in application, those laws have had a number of unintended consequences. This Article closely examines one aspect of those laws: the exception applicable to otherwise forbidden conduct that takes place between employer and employee. The author concludes that this exception does nothing to advance the policy of the laws, has led to much confusion, and has had the unintended consequence of accelerating the business consolidation of physicians with each other and with clinics and hospitals. Consequently, she asserts that this exception should be repealed.
Ulmer & Berne LLP, Cleveland, OH, USA.
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Scheutzow
D016265:Conflict of Interest / Q000331:legislation & jurisprudence; D004651:Employment / Q000331:legislation & jurisprudence*; D005607:Fraud / Q000331:legislation & jurisprudence*; D006801:Humans; D007400:Interprofessional Relations; D016365:Liability, Legal; D008484:Medicaid / Q000331:legislation & jurisprudence*; D006278:Medicare / Q000331:legislation & jurisprudence*; D018584:Physician Self-Referral / Q000331:legislation & jurisprudence; D012017:Referral and Consultation / Q000191:economics / Q000331:legislation & jurisprudence*; D014481:United States