Stark law


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Stark law

Physician self-referral law, 42 USC 1395nn Medicare A law that prohibits a physician from making a referral to an entity with which she or her immediate family has a financial relationship if the referral is for the furnishing of designated health services, unless the financial relationship fits into an exception set forth in the statute or impending regulations
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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.
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.