Washington, D.C. Of Counsel Donald H. Romano was quoted in an article that appeared in Modern Healthcare on May 8, 2013 titled, “Jury rules Tuomey Healthcare violated Stark in claims worth $39M.” The article reports on a case involving Tuomey Healthcare, a hospital that was found to be paying its doctors for referring patients to the hospital, violating the Stark law and FCA. Mr. Romano, who formerly oversaw Stark law policy at the CMS, was quoted as saying, “This case may embolden (the Justice Department) to take complicated Stark cases before a jury.” He continued, “I think the effect is that hospitals are going to have to be more careful about fair-market value, and that noncompete agreements with referring physicians after Tuomey … are going to be very risky.”
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