There is a practice called Physician self-referral. This is when a physician refers a patient to a medical facility, which he has part ownership, financial interests or investment in. It is thought to be a conflict of interest that a physician will stand to benefit from referring patients to his medical facility for health services. This self-referral practice has a potential to be abused because the physician may over-refer patients for services that may or may not be necessary. That is why; the law was developed to prevent such self-referral practices.

The Stark Law was passed by the federal government to prevent physician self referral and does not allow a physician to refer Medicare or Medicaid patients to facilities that are owned by the physician or a member of the physician's immediate family, unless it is under exception.

Financial relationship is the direct or indirect investment or financial interest in the company or facility that specifically provides designated health services. Compensation arrangements also fall under this category. Therefore a physician cannot refer Medicare or Medicaid patients to a facility that he has financial interests in, otherwise payment can be withheld and not paid.

In the beginning, the law only pertained to physician referrals for clinic lab services. But as the law expanded, when the second version was developed, the Stark law became applicable to a long list of designated health services, which include physical therapy, occupational therapy, radiology, orthotics, outpatient prescription drugs and many more.

The Stark law only involves a referral for various services that is why the definition of referral must be clearly stated for all to understand. Referral is a physician's request for, certifying or recertifying a need, or ordering any designated health service, that is reimbursable by Medicare. This also includes a request for consultation with another physician or any test, procedure or treatment ordered by that other physician. Referral doesn't include services that are personally performed by the referring physician.

There are a few exceptions to the Stark law that fall under, physician services exception, services furnished by an organization of enrollees exception, reserved, academic medical centers exception, implants furnished in an ambulatory surgical center, in-office ancillary services exemption, intra-family rural referrals, eyeglasses and contact lenses following cataract surgery, and Erythropoietin and other dialysis-related drugs exception.

The penalties for violation of the Stark law are severe and include denial of refund, denial of payment, exclusion from the Medicare or Medicaid programs, monetary penalties in a civil court, which can include fines of $15,000 per service violation and $100,000 for each arrangement found to be a scheme for the purpose of ensuring physician referrals.

With the Stark Law in place, health care practitioners must be aware of how it affects them in their billing and treatment of patients covered by Medicare and Medicaid. It is always best, to know and be aware of the Stark law and how it affects your practice.

By: Nitin Chhoda
Nitin Chhoda has a blog at http://www.nitin360.com. Get a free physical therapy marketing system with a DVD, book on physical therapy marketing and over 8 hours of audio at marketing physical therapy and forever change the way you market your clinic.

This article will attempt to clarify to process of applying for and securing Social Security Disability benefits. It can sometimes be a difficult, time consuming and draining process. But to be successful, one must be patient and organized.

The first consideration is the application process. It is now up to the claimant to make the choice as to whether he or she wants to apply in person or do it on a home computer. If in person, plan to make an appointment with a representative at the local social security office. That person will take down information, including doctors' names and treatment dates. You will also sign releases for the Administration to gather information on their own from your doctors. The next step which generally follows is that the Administration will send out notice that a doctor at their own expense will evaluate you. This is rarely helpful but it is mandatory in the process.

Most people get denied at this application stage. Within 60 days (with an extra 5 days for mailing time) you must appeal the decision. It is at this stage that the Administration will request more information and seek out more doctor support. If you thought your chances were slim at the first stage, they don't get much better here. A large percentage of applicants are denied. Which leads us to the third and final stage: The request for a hearing stage. You must request a hearing before a judge. It is at this point that you will have your proverbial day in court. Preparation is key. Not only will the judge be there, but perhaps a vocational expert and a medical expert. The judge will conduct a hearing based on all the evidence and decide if you have the capacity to work in the open marketplace. There is an appeal process in Federal Court if things don't go well. But with proper preparation, the chances of prevailing before an Judge are substantially better than your odds earlier.

By: Bruce Lipsey

Being arrested can be an emotionally overwhelming experience. There is the embarrassment of being taken away in handcuffs, the fear of what will happen to you and sometimes just shock and confusion. It is in this distressed state that you are required to make some of the most important decisions of your life.

It is critical do not speak to anyone under any circumstances until you have legal representation! The prosecution is not interested in protecting your rights. Their single interest is in getting a conviction, and you would be surprised the tactics that they can legally use to build a case against you.

Your first decision will be whether to hire a private attorney or use a public defender. If you cannot afford a private attorney, a public defender will be appointed for you. However, as with anything if life, you get what you pay for. Public defenders are typically burdened with heavy case loads and work for the government -- the same institution that pays for the prosecution. And, the government spends a lot more money on prosecuting crimes than on defending the accused.

Know Your Rights!

You have the right to legal representation.

Do not even consider defending yourself. And do not let anyone talk you out of speaking with your attorney before you speak with anyone else.

Even if you are not sure if you need or can afford a private attorney, we strongly urge you to speak to a criminal defense attorney with experience in your type of charges and with real trial experience. We are available 24 hours per day to speak with you, but we also encourage you to speak with other law firms to make sure you are comfortable with your legal counsel.

IMPORTANT! Although the court is required to provide you with a free public defender, this may not happen until shortly before your trial. It is unacceptable to go though the pre-trial process without legal representation. One of the benefits of a private attorney is that you can control and start your defense immediately -- before the case against you gets any stronger.

Other Important Rights

1. You have the right to a fair and speedy trial.

2. Right to be provided with a statement of the specific charges against you.

3. Right to cross-examine and confront witnesses.

4. Right to testify on your own behalf.

5. Right to remain silent.

6. Right to use the court's subpoena power to compel witnesses to testify.

7. Right to a Jury Trial (in most cases)

8. Presumption of innocence.

By: Sonia Pascher
There are seemingly infinite loopholes in the system that can be used against you. We strongly encourage you to be vigilant in the defense of your rights and take advantage of the benefit of an experienced and aggressive defense firm such as Sonia Pascher. Call (877) 525-3908 NOTOJAIL.com

When a person commits a crime of violence against another individual, he or she is often charged with assault. The level of violence and the intention of the individual often determine what type of assault charge will be filed, whether it is simple assault, assault and battery, or aggravated assault. Aggravated assault may also include assault with a deadly weapon and is a serious crime in most states.

Aggravated assault is often defined by the individual's intentions, especially if the person intended serious harm to another individual. Murder, rape, and battery are often strong enough intentions to warrant a charge.

Another factor that is often considered is the extent of injury suffered by the victim of an assault. Attacks that result in serious injury may be enough to justify an aggravated charge. If a deadly weapon was used at any time during the assault, the aggravated tag can usually be applied.

Common Distinctions

In order to prove aggravated assault, the prosecution usually has to:

• The assault was committed with intent to cause serious physical injury
• A deadly instrument or weapon was used
• The victim's capacity to resist was impaired by restraints or bonds
• The assault caused temporary or permanent disfigurement
• The assault was committed after the individual entered the victim's home
• The assailant was 18 years of age or older and the victim was 15 years or younger
• The victim was a police officer, firefighter, EMT, or any other individual engaged in official duties
• The victim was a teacher, prosecutor, or health care practitioner engaged in official duties

Aggravated assault is a serious crime and often carries heavier penalties than simple assault or battery charges. Individuals charged often face significant jail time if found guilty. It is important that anyone who stands accused of assault consult a legal professional to discuss their options and formulate their defense.

By: Joseph Devine
For more information, visit the website of Milwaukee criminal defense attorneys Kohler & Hart, LLP.