Stark Law

Question:

Have there been changes to the Stark Law?

Answer:

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.

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