Medical Journal Houston | Page 3

. . . . . . . . . . . . . . . . . . . . . . . . . . . . Medical . . . Journal . . . -.Houston . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Page. 3 August 2015 . . . . . . . . . . . . . . . LEGAL AFFAIRS Fourth Circuit upholds $237 million judgment against rural hospital in physician offices and independent surgical centers. As a result, Tuomey stood the employment contracts, the physicians were required to perform outpatient BY MARY M. BEARDEN AND ALLISON SHELTON, Brown & Fortunato, P.C. Tuomey retained legal counsel to review the contracts. In 2003, local counsel reviewed the arrangement and engaged a consulting firm to conduct a fair market value analysis. Tuomey also retained Richard Kusserow to review the arrangement. At the time, Kusserow was a former Inspector General for the U.S. Department of Health and Human Services (HHS). On July 2, 2015, the Fourth Circuit Court of Appeals upheld a $237 million judgment against Tuomey Healthcare Systems, Inc. for violations of the Stark Law and the False Claims Act (FCA). U.S. ex rel. Drakeford v. Tuomey Healthcare Systems, Inc. has been a closely watched case in the health care industry because it addresses several key issues under the Stark Law and the FCA. Tuomey is a nonprofit hospital located in a rural area that has been designated as medically underserved. In 2000, physicians who had previously performed surgeries at the hospital began performing the surgeries previous year. The physicians also received a productivity bonus of 80 percent of the physician’s collections and an incentive bonus of seven percent of the physician’s earned productivity bonus. Furthermore, Tuomey provided to the physicians certain benefits, including malpractice insurance, health insurance, and billing services. to suffer a significant financial loss. To address the situation, Tuomey proposed to employ the physicians part-time. Under surgeries at the hospital. As compensation, the physicians would receive a base salary. This salary was adjusted yearly based on the physician’s collections from the Tuomey eventually engaged nineteen physicians under the part-time employment arrangement. However, Tuomey was unable to reach an agreement with Dr. Michael Drakeford. Drakeford believed that the arrangement violated the Stark Law because the physicians were being paid in excess of their collections. In 2005, Tuomey and Drakeford jointly engaged Kevin McAnaney for legal advice on the arrangement. Please see LEGAL AFFAIRS page 16