In our previous tip, we discussed the importance of understanding the Anti-Kickback Statute (AKS), which is slightly like the Stark Law.
However, let’s dive in on what this law entails:
Under this law, it prohibits a physician from making a referral for certain designated health services payable by Medicare or Medicaid to an entity in which the physician or an immediate family member, has an ownership/investment interest or with which he or she has a compensation arrangement, unless an exception applies.
This chart created by CMS shares the differences between the two.
There are numerous exceptions to the Stark Law located on this page. If you are uncertain on how to proceed with referrals or which exceptions apply, please contact your legal team or a consultant for guidance.
**The opinions and observations from the group/author are not a promise to exempt your practice from fines and penalties. Research, modify, and tailor the advice to fit your specialty.