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It's not the markup that's in question, its the practice of paying professional dispensing fees to veterinarians for using the service. If it was just the markup, then it would be like a traditional wholesale arrangement.
(it is a traditional wholesale arrangement... the vet is charged for the product).
It's amazing that when you try to ask veterinarians why they are using VetCentric, they always dance around the issue of the dispensing fee, they know that its questionable. The practice of paying veterinarians to fill out paperwork to use a service in which both parties benefit is questionable at least.
(you mean like when a vet sends off for lab work from Antech and then turns around and charges the client with a markup included... which fits your definition of shuffling paperwork).
You are correct in that Stark laws originally applied to Medicare/Medicaid and lab services, but it was the basis of subsequent case law used on a state by state basis that made this practice a punsishable offense on the human side beyond Medicare/Medicaid. Also, you need to look at the state pharmacy regulations regarding human health in which the practice of paying physicians for using a service can cost you your license.
(looking up human health pharmacy laws in regards to the vet industry would be like me taking my dog to my MD for an examination).
You don't even have to look up case law regarding that, just ask any pharmacist and they can tell you that one by heart...
(again, what would a human-side pharmacist know about state pharmacy law in the vet industry?... nothing).
[/ QUOTE ]. You keep making references from human-side medicine in your argument. MDs don't have in-clinic pharmacies... vets do have in-clinic pharmacies... Laws that apply to MDs and human-side pharmacists don't apply to vets and vet pharmacies, so nothing that you quote applies to vet medicine. Lawyers from several different vet industry entities have looked at VetCentric and found its business model to be rock-solid legal. You need to talk to the state VMAs of CA, IL, NJ, & PA and all 50 state vet pharmacy boards, along with Merial & Novartis's lawyers because then you will be better informed.