Department of Health and Human Services has identified certain payment practices that will not be subject to criminal prosecution or exclusion under the Anti-Kickback Statute, which are referred to as "Safe Harbors." Unlike the Stark Law
exceptions, if a payment practice fails to fully satisfy any of the Anti-Kickback Safe Harbors, it will not be deemed illegal per se.
Summary: The federal Stark Law
and the Anti-Kickback Statute (AKS) are designed to stop health care entities from essentially “paying for referrals.” You may think to ...
In a prior iteration of this concept, many physicians had off-site "pod" laboratories where they would rent a small office and employ a pathologist on a part-time basis to exploit a perceived "loophole" in the in-office ancillary services exception to the Stark Law
, which is concerned with physician self-referral particularly with regard to Medicare and Medicaid.
If providers were primarily focused on the legal requirement, there would be far fewer compliance issues to disclose in the first place, since they would not have allowed any other consideration to trump their need to obey the Stark Law
Following is coverage of false claims and fraudulent billing, fraud and abuse prohibitions under the antikickback statute, the Stark law
(federal physician self-referral prohibitions), and corporate compliance programs.
Under certain conditions, Stark law
relaxations provide hospitals a way to subsidize physician HIT practices.
5; see also Benesch Friedlander Coplan & Aronoff LLP, New Stark Law
The recent Stark Law
IT exceptions, which amount to anti-kickback safe harbor for subsidizing physician's EMR purchases, were credited for removing one of the barriers to greater adoption by the medical community.
In issuing the third phase of the final regulations implementing the physician self-referral rule, also known as the Stark law
, the Center for Medicare and Medicaid Services has returned to a stance it held in the first phase.
The Stark law
exemption and antikickback safe harbors have slightly different definitions of who can donate the comprehensive electronic health record system software and training.
A violation of the Stark Law
may result in severe financial penalties that could include fines, loss of Medicare and Medicaid reimbursement and exclusion from participation in those programs.
Jack also advises clients on complying with the Stark Law
, Anti-Kickback Statute, and HIPAA.