The American Hospital Association (“AHA”) has submitted an amicus curiae brief in support of Tuomey Healthcare System, Inc.
AHA is particularly interested in this case because it presents two matters of first impression in the federal appellate courts concerning the Ethics in Patient Referrals Act, more commonly known as the Stark Law.
The first is whether hospitals are entitled to rely on official commentary published by the Centers for Medicare and Medicaid Services (“CMS”) in making decisions about how to structure their operations to be compliant with the Stark Law.
The second is what evidentiary showing is required to determine the amount the Government may recover—in equity or otherwise—for hospital services furnished pursuant to “referrals” that purportedly violate the Stark Law.
The AHA's position is that hospitals must be able to rely on the Centers for Medicare & Medicaid Services' official guidance for complying with the Stark Law, without worrying that the Department of Justice will later disavow conduct consistent with the guidance, the AHA said in an amicus brief filed yesterday in the U.S. Court of Appeals for the 4th Circuit.
To read the entire brief that was filed click here.
* Founded in 1898, AHA is the national advocacy organization for hospitals in the United States. It represents approximately 5,000 hospitals, health care systems, and other health care organizations, as well as 37,000 individual members.
AHA’s mission is to promote high quality health care and health services through leadership and assistance to hospitals in meeting the health care needs of their communities.
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