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Despite the pandemic, the DOJ is continuing to investigate allegations of health care fraud. A recent settlement from Wheeling Hospital serves as a reminder to hospitals to review their physician compensation arrangements to ensure that they are within fair market value and considered commercially reasonable. READ MORE
On October 9, 2019, the DHSS proposed significant amendments to the Stark Law, Anti-Kickback Law and Civil Monetary Penalty Law. These proposed amendments are intended to modernize and clarify these laws, encourage value-based arrangements and care coordination and reduce some of the key burdens these laws impose on health care providers. READ MORE
In August 2019, the Centers for Medicare & Medicaid Services released proposed changes to its Stark Law advisory opinion process. CMS intends for these proposed changes to reduce limitations and restrictions that may be unnecessarily serving as an obstacle to a more robust advisory opinion process. READ MORE
After years of provider feedback, CMS has indicated significant changes to the Stark Law could arrive in 2019. The updated regulations will seek to spur care coordination in an era of increasing use of value-based payment models. READ MORE
The broad scope of CMS’s recent Request for Information gives health care providers an opportunity to voice their concerns on a variety of Stark Law provisions, and may demonstrate an interest within the administration to modify the regulations implementing this statute. READ MORE
The Centers for Medicare and Medicaid Services has issued new SRDP Forms for use by providers of services and supplies when disclosing actual or potential violations of the Stark Law under the SRDP. READ MORE
With the continued focus of the government on investigating and prosecuting matters involving compliance with the Stark Law, health care systems entering into compensation arrangements with referring physicians must have robust processes in place to ensure that the compensation arrangements – at the time that they are structured and during the course of the arrangement – don’t run afoul of the Stark Law. READ MORE
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