Hospitals - Physicians Can Take Some Stark Lessons From Covenant Case

Recently, Covenant Medical Center in Waterloo,sanctions being brought against them. But that
Iowa agreed to fork over a huge $4.5 million todoesn't mean that the government couldn't
settle a federal False Claims Act lawsuit involvingimpose a civil or criminal penalty against both the
alleged Stark Law violations. The case in pointhospital in Stark cases.
teaches some lessons to hospitals and physiciansAccording to legal experts, the Covenant case
trying to survive a growing governmentsounds a warning bell for two key reasons - First,
crackdown on fraud and abuse.the government targeted employment
According to the US government, Covenantrelationships, which it typically hasn't done under
submitted false claims to Medicare because it hadStark or as kickbacks. Second, a dissatisfied
overpaid five employed physicians who referredcompetitor of Covenant reportedly enthused the
patients to the hospital for services - a verbotenlegal trouble for the not-for-profit medical center.
practice under the physician self-referral Stark law.Attorney William Mathias says that based on the
The Department of Justice (DOJ), in a newsbackground he's heard, the competitor saw that
release announcing the settlement agreement,Covenant's IRS form showed Covenant was
noted that the Covenant physicians featured"giving its physicians a much better deal than the
among the best paid hospital-employed physicianscompetitor" was giving its physicians. He also
not just in Iowa, but throughout the country.predicts that there will be more and more of this
As far as the fates of the physicians aretype of activity on the part of competing
concerned, the DOJ does not anticipate anyproviders.