Wiki Monocolonal antibody treatment for employees and Stark laws

[Rwilcox2582]

Hi. Our practice is an outpatient infusion center offering the Regen-Cov COVID antibody infusions, which, the EUA now allows for treatment due to post exposure. Well, as individuals treating active COVID patients, our employees are exposed, in close contact, on a daily basis. So we are offering the treatment to any employee who would like it. My question is whether our providers writing the orders for the employees violates Stark laws. I don't believe it does given the nature of the treatment but thought I would put it out there to see if anyone else had any thoughts. Thanx

 

[thomas7331]

I know it's not very helpful, but I always advise that it's best not to rely on internet forum responses for legal advice such as this. It's a question best directed to your compliance department or your practice's legal advisors who can ask you the right questions and get the necessary information about your physicians' relationship and compensation arrangement with the infusion center and whether or not they may be covered under any exception to the law.

 

[jkyles]

Hi. Our practice is an outpatient infusion center offering the Regen-Cov COVID antibody infusions, which, the EUA now allows for treatment due to post exposure. Well, as individuals treating active COVID patients, our employees are exposed, in close contact, on a daily basis. So we are offering the treatment to any employee who would like it. My question is whether our providers writing the orders for the employees violates Stark laws. I don't believe it does given the nature of the treatment but thought I would put it out there to see if anyone else had any thoughts. Thanx

Hi there, is the treatment a designated health service? If yes then you should assume Stark applies. In addition, CMS has an advisory opinion process that may be an appropriate way to get an official answer to this question.