Reference no: EM133757960

Question

Dr. Laura Brown, an orthopedic surgeon, has a thriving practice and performs numerous surgeries at Central Valley Hospital. The hospital's administration is keen to increase its patient volume and has decided to implement a referral program to incentivize physicians. Under the referral program, physicians who refer patients to Central Valley Hospital for surgery or other medical services receive the following benefits: A bonus of $500 for every patient referred who undergoes a surgical procedure at the hospital. An invitation to an annual all-expenses-paid conference at a luxury resort sponsored by the hospital. Free use of the hospital's state-of-the-art medical equipment for their private practice. Enticed by these benefits, Dr. Brown began referring more patients to Central Valley Hospital. Within a few months, she received significant bonuses and attended the luxury conference. A hospital whistleblower reports this referral program to federal authorities, alleging that it violates the Anti-Kickback Statute. Analyze the referral program and Dr. Brown's actions to determine if they violate the Anti-Kickback Statute. Discuss the specific elements of the statute that are relevant to the case, including the exchange of remuneration for referrals and the intent behind the program. Address any defenses that Dr. Brown or Central Valley Hospital.