Legal and Ethical Analysis of Stark Law in Healthcare

This assignment examines the Stark Law, a legislation that restricts healthcare professionals from making referrals for their patients, particularly in Medicare and Medicaid arrangements. The student analyzes the law's implications and argues for potential amendments or repeal, considering the principles of the Affordable Care Act (ACA) and the role of Accountable Care Organizations (ACOs). The student contends that the Stark Law may hinder collaborative care models, potentially increasing healthcare costs and contradicting the ACA's goals. The assignment references several sources to support the arguments and conclusions regarding the ethical and legal ramifications of the Stark Law in contemporary healthcare settings. The student emphasizes the need for a revised approach to healthcare referrals to facilitate multidisciplinary care and promote patient well-being within the framework of the ACA.

Running head: LEGAL AND ETHICAL ISSUES IN HEALTHCARE
LEGAL AND ETHICAL ISSUES IN HEALTHCARE
Name of the Student:
Name of the University:
Author note:

1LEGAL AND ETHICAL ISSUES IN HEALTHCARE
1) What is your understanding of the Stark Law? : The Stark Law is a legislation
which restricts healthcare professionals in the arrangement of referrals for their clients. This law
was formulated considering emerging incidences where physicians were arranging for referrals
for their patients, especially in the case of Medicare or Medicaid arrangements, even if it is
unnecessary as an intervention, just because of the financial benefits these health professionals
receive from the healthcare organizations they are referring to (Tharp, 2014).
2) Do you think it should be changed given the current healthcare climate? :
Considering the principles of collaborative and integrative intervention postulated by the
Affordable Care Act (ACA) I believe that the Stark Law must be amended or improvised, if not
repealed completely (Wood, 2010).
3) Why or why not? Please provide rationale for your choice: As per the principles laid
down by the ACA, health professionals required to implement patient care interventions via the
formulated of Accountable Care Organizations (ACOs). These ACOs allow for the
implementation of multidisciplinary care where comprehensive therapeutic interventions can be
provided to the patient with the aid of a health professionals for various fields. Thus, it is evident
that the provision of referrals forms the crux of this collaborative arrangement – the practice of
which is strongly restricted by the Stark Law and thus, raises an issue of violation of the ACA
principles (Kanter & Pauly, 2019). Further, hindrances to referrals means that patients will have
to visit a variety of health specialists for their concerns separately which will result in rising costs
in healthcare and medical expenses for the patient as well as the concerned health organizations
and federal medical budgets. Such impacts hence, defeats the very purpose of ensuring
healthcare affordability with which the ACA was implemented and hence forms the rationale for
the immediate revision of the Stark Law (Butler, 2016).

2LEGAL AND ETHICAL ISSUES IN HEALTHCARE
References
Butler, K. H. (2016). Stark law reform: Is it time. Journal of Health Care Compliance,
November–December, 5-14.
Kanter, G. P., & Pauly, M. V. (2019). Coordination of Care or Conflict of Interest? Exempting
ACOs from the Stark Law. The New England journal of medicine, 380(5), 410.
Tharp, J. (2014). Stark law and the affordable care act: Bridging the disconnect. Journal of Legal
Medicine, 35(3), 433-444.
Wood, J. P. (2010). Stark and anti-kickback laws limit lab-marketing methods. MLO: medical
laboratory observer, 42(5), 72-72.