Yes under one scenario; no under another.
If the referring health care professional has the requisite
financial interest in the DHS, the Stark prohibitions
would apply. If the referring health professional is
an employee of a physician with a financial interest,
the employment relationship with the physician (or
his or her medical partnership/ service corporation)
will be attributed to the referring employee. The referral
would be prohibited and the physician providing
the DHS service cannot bill Medicare or Medicaid for
those services.
The answer is no if the other health professional has
no direct or indirect investment interest in or direct or
indirect compensation arrangement with the DHS.
There are also a number of exceptions to the blanket
prohibition that would potentially remove the referral
from the “prohibited” class.