How do you comply with Stark Law?
How to Ensure Compliance with Stark Law and Anti-Kickback Policies and Procedures
- Implementing written policies, procedures and standards of conduct.
- Designating a compliance officer and compliance committee.
- Conducting effective training and education.
- Developing effective lines of communication.
What is the basic prohibition of the Stark Law?
The Physician Self-Referral Law, commonly referred to as the Stark law, prohibits physicians from referring patients to receive “designated health services” payable by Medicare or Medicaid from entities with which the physician or an immediate family member has a financial relationship, unless an exception applies.
What are stark exceptions?
Exceptions Applying to Compensation Arrangements Rental of office space. Rental of equipment. Bona fide employment relationships. Personal service arrangements. Physician recruitment.
How does Stark Law define physician?
Who qualifies as a “physician” subject to Stark? The Phase I final regulations define “physician” as a doctor of medicine or osteopathy, a doctor of dental surgery or dental medicine, a doctor of podiatric medicine, a doctor of optometry, or a chiropractor.
What is DHS under Stark?
The Stark Law (“Stark”) is a federal self-referral law that bans physicians from referring certain services that are reimbursable by Medicare or Medicaid, referred to as designated health services (“DHS”), to entities that the physicians or their immediate family members have a financial relationship with.
What is the main intent of Stark laws?
The Stark law prohibits a physician’s referral for certain designated healthcare services (DHS) to an entity if the physician (or a member of the physician’s immediate family) has a financial relationship with the entity, unless the referral is protected by one or more exceptions provided in the law.
Who created Stark Law?
Representative Pete Stark
Interestingly, the main author of the initial legislation, former Representative Pete Stark, noted in 2013 that he would actually be in favor of repealing the law.
What are the Stark laws?
The Stark laws (passed in 1992 and expanded on in 1995) prohibit referral of a patient for “designated health services” to an entity in which the referring physician – or a family member– has a financial interest.
Who is considered a physician under Stark Law?
Under the purposes of the Stark Law, the following medical professionals are considered physicians: medical doctors, osteopathy, optometry, dental medicine, dental surgery, podiatric medicine, plus chiropractors. Immediate family members are individuals directly related to physicians.
What is the Stark Law for Social Security disability?
Finally, discover how legal assistance lets you understand and follow the Stark Law. The Physician Self-Referral Law — the Stark Law — refers to Section 1877 of the Social Security Act (the Act) (42 U.S.C. 1395nn). The Stark Law is defined as a set of regulations that prohibit the self-referral of physicians under federal law.
Are non-competes and practice restrictions permitted under Stark III?
Non-competes and practice restrictions permitted : Stark III allows groups to include a non-compete or other practice restriction in a recruited physicians underlying employment area, as long as it doesn’t completely restrict the physician from practicing medicine the hospital’s geographic area. Other acceptable restrictions include: