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Stark Law

MCN Question of the Week


Have there been changes to the Stark Law?


Yes – on November 16, 2015 The Centers for Medicare and Medicaid Services (CMS) issued a final rule with revisions and new expectations to the Physician Self-Referral Law, commonly referred to as the Stark Law.

Key changes included in the final rule:

  • A new exception that allows hospitals, federally qualified health centers and rural health clinics to make payments to physicians to recruit non-physician practitioners (physician assistants, nurse practitioners, clinical nurse specialists, certified midwives, clinical social workers and clinical psychologists). To be eligible for this exception, 75% of the services provided by the non-physician practitioner must be for primary care or mental health services.
  • A new exception that permits timeshare arrangements for office space, certain equipment (not imaging, radiation therapy, and most clinical or pathology laboratory), personnel, supplies and other services.
  • A clarification about the one-year term requirement for office space rental, equipment and personal services exceptions.
  • A revision to the temporary noncompliance with signature requirements that removes the distinction between inadvertent and not inadvertent failure to obtain a signature at 411.353(g). Under the final regulation, all parties have 90 days to obtain missing signatures regardless of whether the failure to obtain the signature was inadvertent or not.

Related Products from MCN

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