District Court in Orlando denies hospital's motion for summary judgment in Stark Act case

by Ben Vernia | November 19th, 2013

On November 18, District Judge Gregory A. Presnell of the Middle District of Florida denied a motion for summary judgment brought by a hospital, a defendant in a whistleblower case in which the government has intervened, and which alleges that the hospital’s relationships with medical oncologists and neurologists violated the Stark Act’s prohibitions.

The hospital had argued that the doctors fell under the Stark Act’s bona fide employee exception, but Judge Presnell agreed with the government that issues of fact relating to the factors relevant to that exception existed and prevented the grant of summary judgment.

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