Determining whether a financial relationship exists Academic Essay

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  1. Dr Thompson is a neurologist who provides care in Indiana. She owns her own practice but cost to maintain her MRI equipment are increasing. She is considering using space at another hospital and sending patients that require MRI or other imaging procedures to another St Vincent's radiology dept. Her longtime friend, who she met in medical school is the CEO of St. Vincent and told her she can use the space for free for a while until her practices recover. Do you think Dr. Thompson has violated the Stark Law? Why? How would you fix this?
    B.On Advise of counsel, Dr. Thompson decided to sign a lease with St. Vincent's hospital while she uses their space. The agreement is in writing and signed by Dr. Thompson and St. Vincent's CEO. The term of the agreement is on one year and three months. Dr. Thompson and her friend, the CEO, agree the lease price will be $5,000 for the first month but that they will renegotiate the price each month. Additionally the space used by Dr. Thompson has much more space than she needs, but the CEO want to make her feel conformable. The lease agreement does not comply with the Rental of Office Space Exception. How would you modify the agreement?
    C. After working with counsel to modify Dr. T. lease, St Vincent's CEO suddenly needs a neurologist to practice at on of the St. Vincent off campus depts. The CEO needs someone 3 days/week. & Dr. T needs to pay off her medical school debt, so she agrees to fill the position. The CEO agrees to pay Dr T $37 ($39 per patient is the average in he area) for each patient she sees. The term is 1 year and 6 months & only one applicable to services performed at the off campus location. Dr. T and the CEO ask counsel to write the contract and then they both sigh a written copy. The agreement complies with the Stark Law. Why and discuss assumption of some facts. If so, under what exception? What if the only evidence of an agreement was Dr. T and the CEO handshake?

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