This January, the 3rd U.S. Circuit Court of Appeals overturned a grant of summary judgment by the U.S. District Court for the Middle District of Pennsylvania, and held that a defendant hospital in a False Claims Act qui tam action failed to show that its arrangement with an anesthesiology physician group practice was not a violation of the federal Stark and Anti-Kickback laws. The case was remanded to the district court. The decision and opinion are significant because it is one of the few appellate court analyses on the Stark Law. The case is captioned as U.S. ex rel. Kosenske v. Carlisle HMA .

Background

In 1992, Blue Mountain Anesthesia Associates P.C., or BMAA, and Carlisle Hospital and Health Systems, or CHHS, entered into an anesthesiology services agreement. Ted D. Kosenske was a member of BMAA at that time, according to the opinion.

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