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New Stark Law Regulations May Impact Many Physician Practices

In my experience, most physician groups rely on the “in-office ancillary service” exception to the Stark Law when determining how to allocate revenues from designated health services among group members.  The Stark Law is, of...more

Stark Law COVID-19 Waivers Extended to the Anti-Kickback Statute

The Centers for Medicare & Medicaid Services (CMS) issued Blanket Waivers of certain requirements of the Physician Self-Referral Law (Stark Law). The purpose for the Blanket Waivers is to provide the flexibility providers...more

Stark Law Blanket Waivers – What is a COVID-19 Purpose?

The Blanket Waivers that the Center of Medicare and Medicaid services issued under the Stark Law apply only to financial relationships and referrals that are related to the national emergency that is the COVID-19 outbreak in...more

Stark Law Blanket Waivers – List of 18 Blanket Waivers

The following is a list of categories of the Stark Law Blanket Waivers permitting deviations from the provisions of the Stark Law where necessary for a COVID-19 purpose. See Background on CMS Stark Law Waiver. The definition...more

How the Stark Law Waivers Can Help Combat the Coronavirus.

The Centers for Medicare & Medicaid Services published at the end of March new blanket waivers under the federal physician self-referral law (commonly known as the Stark Law) in response to the COVID-19 pandemic. The waivers...more

Recent Fraud Settlements Illustrate Current Compliance Risk Areas

One of the reasons compliance officers and health care attorneys read fraud settlements is to identify issues the government is focused on. The cases the government decides to pursue are very indicative of the areas of fraud...more

Will Centers for Medicare & Medicaid Services (CMS) Really Make Changes to the Stark Law?

If you navigate to the American Hospital Association (AHA) Interactive Town Hall of January 17, 2018, you can view a video in which Seema Verma, the current Administrator of the Centers for Medicare and Medicaid Services,...more

When to Use the OIG’s Self Disclosure Protocols

The HHS Office of Inspector General offers providers an opportunity to self-disclose certain violations in exchange for avoiding some of the more draconian penalties that may otherwise apply under applicable regulations. ...more

When is a Physician Liable for Stark Law Violations?

I frequently hear attorneys claim the Stark law applies equally to hospitals and physicians. This position is sometimes taken in the process of negotiating a transaction between a hospital and a physician or physician group....more

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