Stark
The Stark law is a federal self-referral prohibition that prevents physicians from referring patients to entities with whom the physician has a financial relationship, unless an exception applies. In order for services to be reimbursable by Medicare, and in order to avoid significant fines, penalties and re-payments for referrals billed in violation of the Stark law, it is necessary for health care providers to exercise extreme caution in entering into financial arrangements with physicians. There are a myriad of exceptions which allow relationships between physicians and other health care providers, but effective counsel by a health lawyer is essential to ensure that each proposed venture is established to meet the minimum requirements of Stark.
Penalties for violating the Stark law include repayments to Medicare, civil monetary penalties and the possibility of being excluded from the Medicare and Medicaid programs moving forward.
Our lawyers have significant expertise with the complexities of the Stark law and its enforcement and with interpreting and applying the Stark law and its accompanying regulations and commentary to a myriad of provider relationships. For more information on the Stark Law, please contact us or view our valuable healthcare links.