Scheutzow S O
Ulmer & Berne LLP, Cleveland, OH, USA.
J Health Law. 2001 Winter;34(1):21-45.
The Anti-Referral laws are omnipresent in the practice of health law. Perhaps as a result of their wide scope in application, those laws have had a number of unintended consequences. This Article closely examines one aspect of those laws: the exception applicable to otherwise forbidden conduct that takes place between employer and employee. The author concludes that this exception does nothing to advance the policy of the laws, has led to much confusion, and has had the unintended consequence of accelerating the business consolidation of physicians with each other and with clinics and hospitals. Consequently, she asserts that this exception should be repealed.
反转诊法在卫生法实践中无处不在。或许由于其适用范围广泛，这些法律产生了一些意想不到的后果。本文仔细研究了这些法律的一个方面：适用于雇主与雇员之间发生的本应被禁止行为的例外情况。作者得出结论，这一例外情况无助于推进法律政策，导致了诸多混乱，并且产生了加速医生之间以及医生与诊所和医院之间业务合并的意外后果。因此，她主张废除这一例外情况。
