Sample Essay on:
Kickback Ethics

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Essay / Research Paper Abstract

5 pages in length. Sometimes, the boundaries between 'ethical' and 'legal' are totally clear. Other times, however, the distinction is not so easy to make. With the full roles of the US Justice Department, it is unlikely that America will soon dilute the legal stand against kickbacks. Recent measures by French courts have basically removed all of the teeth from any regulatory prohibitions of kickbacks already in place, causing observers to conclude that 'the courts have done the dirty work of the politicians.' Bibliography lists seven sources.

Page Count:

5 pages (~225 words per page)

File: D0_Kickback.doc

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Unformatted sample text from the term paper:

boundaries between "ethical" and "legal" are totally clear. Other times, however, the distinction is not so easy to make. It would appear that analysts associated with those who practice liberal rebate policies are most defensive, and also are the quickest to call foul on obvious kickback schemes involving large amounts of cash. Those same kinds of arrangements that carry a much reduced dollar figure, however, often go either unnoticed or excused as simply being the seamier side of business. Though the focus of this paper is on kickbacks as an ethical dilemma, it is important to understand where the Justice Department stands on the issue: * ? Jack Leon operates a medical equipment business in New Jersey. The US Justice Department brought charges against him in September, 1997 on several counts of Medicare fraud, including accepting kickbacks in exchange for referring patients to the "proper" medical vendors (Hochberg). * ? Some union officials and pension plan administrators have accepted kickbacks and allowed others to steal from large pension plans (www.usdoj.gov/opa/pr/1997). * ? With physicians salaries declining as the giant health maintenance organizations (HMO) take over increasingly large percentages of the American health care industry, at least one drug and medical supply company believed it had found lucrative path to physician loyalty, but the Justice Department stepped in and called the plan a kickback. The government won, to the tune of $325 million from SmithKline (www.usdoj.gov). The governments argument with SmithKline was that they would provide doctors with varying inducements, ranging from free medical testing to free computers to paying the physicians office rents. In addition, "Medicare law prohibits providing anything of value to a physician in order to induce a referral of Medicare business" (www.usdoj.gov). Though Columbia/HCA has not yet come under the Justice Departments ...

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