Performing the Role of a Compliance Officer

You are the very first compliance officer at a hospital system comprised of four hospitals and seven physician offices. The hospital system has a non-profit status. The chairman of the board wants to know more about your role and what you will be accomplishing for the hospital system. More importantly, he is very concerned about possible liability both enterprise wide and personal in nature. The Chairman also serves as the chief surgeon of the hospital system. Other members of the board include the COO, CEO, Attorney, an anesthesiologist, an oncologist, an accountant and a nurse manager.

Section 1 (Page 1)

  1. Describe the exceptions to the Stark Law. Focus in on how the compensation agreement exception works. What is the rationale for it? Give an example of a fact pattern that will legally trigger the exception.

Section 2 (Page 2)

  1. Can the board of directors be held personally liable for Stark and/or Anti-Trust violations? What do they need to know to avoid personal exposure? Where can they learn more about their potential legal liability?

Please keep section answered specific to questions.

*****APA format. Please use at least two different peer reviewed article for each sections totaling 4 peer reviewed article.