Tag Archives: Stark Law

HHS and CMS “Sprinting” to Reform the Stark Law to Advance Coordinated Care

On June 20, 2018, the Centers for Medicare and Medicaid Services (“CMS”) published an advance copy of a request for information seeking public input on reforms to the Physician Self-Referral Law (or “Stark Law”).

Read more

Read full article

Recent Settlements May Indicate Increased Government Focus On The Stark Law’s “Group Practice” Requirements and Exception For “In-Office Ancillary Services”

Recent settlement agreements between the United States Department of Justice (the “DOJ”) and two urologist business partners suggests that the government may be focusing increased enforcement efforts on the Stark Law’s “group practice” requirements and the Stark exception for “in-office ancillary services.”  The urologists agreed to pay over $1 million to resolve the allegations.

 

Read more

Read full article

Recent Settlements Reveal Stark Law Implications of Improper wRVU Based Physician Compensation

Many health care providers rely on a worked relative value unit (“wRVU”) based compensation model when structuring financial relationships with physicians. While wRVUs are considered an objective and fair method to compensate physicians, payments made on a wRVU basis do not always offer a blanket protection from liability under the Federal Stark Law.  As recent settlements demonstrate, wRVU based compensation arrangements that are poorly structured or improperly implemented can result in significant liability.

Read full article

No Signed Writing vs. Expired Physician Contracts: New Court Ruling on What Constitutes “Collection of Documents” to Satisfy Stark’s Writing Requirement

On March 15, 2017, the United States District Court for the Western District of Pennsylvania issued an opinion that sheds insight on how courts view the “writing” requirement of various exceptions under the federal physician self-referral law (or “Stark Law”). The ruling involved the FCA qui tam case, United States ex rel. Emanuele v. Medicor Assocs., No. 1:10-cv-245, 2017 U.S. Dist. LEXIS 36593 (W.D. Pa. Mar. 15, 2017), involving a cardiology practice (Medicor Associates, Inc.) and the Hamot Medical Center. The Court’s detailed discussion of the Stark Law in its summary judgment opinion provides guidance as to what may or may not constitute a “collection of documents” for purposes of satisfying a Stark Law exception.

Read full article

Physician Self-Referral Regulations Revisions: Implications and Challenges (Rick Hindmand)

McDonald Hopkins attorney Rick Hindmand will be a presenter for AHLA’s Distance Learning webinar on “Physician Self-Referral Regulations Revisions: Implications and Challenges.” The program will provide an understanding of the revised Stark Law self-referral and “incident to” regulations. The principal CMS developers of the Stark Law revisions and private practice attorneys will discuss these changes and provide insights on interpreting and responding to these changes. 

Read full article

ACO Fraud and Abuse Law Waivers

Part two in the ACO series is an analysis of the Fraud and Abuse Law Waivers (Stark Law, Anti-Kickback Statute, Civil Monetary Penalties) for those ACO’s in the Shared Savings Program.

For more information please visit www.omwhealthlaw.com or click on the headline above.

Read full article