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In Tuomey, the hospital was charged with paying more than fair market value for the physician services. Do you think it should ever be acceptable

In Tuomey, the hospital was charged with paying more than fair market value for the physician services. Do you think it should ever be acceptable to pay more than an entity collects in reimbursement for a provider's services? For example, what if there is a shortage of such providers in the area? What if the hospital can't attract physicians in particular specialties to practice in its facility? What if the provider is exceptional, well-known in the community (or even nationally) for his or her expertise and/or provides a new and innovative treatment that few providers are trained or experienced in and which is at this point still a very costly procedure? Would it be acceptable or reasonable in situations such as these to pay a premium to attract that physician to your facility? Why or why not?

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