[Histonet] RE: Stark Law

Rick Tiefenauer gonavy2003 <@t> gmail.com
Thu Dec 20 02:47:45 CST 2012


Jennifer,

Did some reading up on Stark Law, couldn't find anything specific
pertaining to CA other than Stark was a CA Congressman.

The Stark Law is similar to the Federal Anti-Kickback Law.  It is named
after Pete Stark (congressman, Democrat, CA); he sponsored the original
bill.

One Reference I found is:  "Stark Law Overview" by:GE Healthcare, 3000 N.
Grandview Blvd., Waukesha, WI 53188

It can be viewed at:
http://www.gehealthcare.com/usen/community/reimbursement/docs/FinalStarkLawTool_2011_doc0905301.pdf

This Reference States:
"In summary, the Stark Law prohibits a physician (or an immediate family
member of such physician) who has a “financial relationship” (including
compensation and investment / ownership interests) with an entity from
referring (broadly defined) patients to the entity for “designated health
services” covered by the Medicare program, unless an exception is
available. In the event a proscribed referral is made and no exception is
available, the entity performing the services is prohibited from submitting
a claim for the services to the Medicare program or billing any individual,
third-party payor or other entity for the services. In addition, certain
aspects of the Stark Law apply to the state Medicaid programs".

Another Reference, The AMA Website:
http://www.ama-assn.org/ama/pub/physician-resources/legal-topics/regulatory-compliance-topics/stark-law-rules.page


It is under the heading:  "Resources » Legal Issues » Regulatory Compliance
Topics »Stark Law Rules"


According to the AMA, a basic 6-step interactive guide to help physicians
acquire an introductory knowledge of the Stark Law is available.  More
information from the AMA can be found at Stark Law "rules of the road"
broadcast
recording from July 13, 2012 webinar.  Available at
https://cc.readytalk.com/cc/playback/Playback.do?id=e0wier





Hope this helps,

Rick T.


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