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July 21, 1989, Vol 262, No. 3 >
ARTICLE | July 21, 1989

Physicians' Conflicts in Patient Referrals

Rep Fortney H. (Pete) Stark
JAMA. 1989;262(3):397. doi:10.1001/jama.1989.03430030085040.
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IN THIS issue of The Journal, E. Haavi Morreim1 presents her view of how physician self-referrals can best be controlled and argues that legislative prohibitions are not necessary.1 Although I was pleased to note that Dr Morreim parted company from the American Medical Association (AMA) position with the contention that physician "self-referrals" are unethical and improper, I doubt that many of JAMA's readers will be surprised to learn that I do not entirely agree with all of her conclusions. I cannot buy the argument that this problem can be effectively addressed through the operation of existing "common law." It seems clear that if the common law were capable of doing such a good job, we would not now be debating "the best way" to put a stop to these abuses.

It is just as clear that we would not be having this debate if the cost of

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