CAUTION: Re: $ surveys & anti-trust?

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From:"Vinnie Della Speranza" <>
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Since none of us are attorneys and therefore not qualified to interpret the law, I suggest that everyone tread lightly here. I have not followed this thread closely but I too have been led to believe the such practice is considered a violation of the STARK Law as it pertains to medicare reimbursement. The presumption being that by comparing salaries the industry could conspire to reduce competition and indirectly lead to inflated costs to HCFA.
It would be a mistake to assume that the requirements of the law follow common sense which is what many of the respondents have attempted to apply to the question posed.

>>> Geoff McAuliffe <mcauliff@UMDNJ.EDU> 04/27/00 01:34PM >>> wrote:

> Dear Colleagues,
>     Have you ever been told that it is a violation of the antitrust law to
> ask another Histologist in another hospital about their wages? I was, and I'm
> shocked!

    Well, I am not a lawyer and I don't work in a hospital or industry but I'll
bet this is not true. Sounds like an attempt at intimidation to me. Exactly what
section of the Penal Code, Civil Code or whatever Code applies says this?

>       Times have changed, and we're now employees of a larger company. The new
> employer tells us that we may only collect "public information" or buy a
> survey.  We could loose our jobs if we do otherwise.

    What you do on your own time is your business, but there may be some "fine
print" in your contract that precludes garnering such info on company time and
maybe even on your own time? Check it out.

Geoff McAuliffe, Ph.D.
Neuroscience and Cell Biology
Robert Wood Johnson Medical School
675 Hoes Lane, Piscataway, NJ 08854
voice: (732)-235-4583; fax: -4029 

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