Category: Physician Compensation Issues

CMS Stark Law Self Disclosure – New Form and Process for Self Disclosing Stark Law Violations

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The Centers for Medicare and Medicaid Services (CMS) has issued new forms and procedures for provider self-disclosure of Stark Law violations. The new material is intended to streamline the process that permits providers to self-disclose Stark Law violations.  The process is applicable to violat...

Remuneration Under the Stark Law I Stark Regulations Definition

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Remuneration Defined Under the Stark Law Regulations Remuneration means any payment or other benefit made directly or indirectly, overtly or covertly, in cash or in kind, except that the following are not considered remuneration for purposes of this section: (1) The forgiveness of amounts owed fo...

Designated Health Services Definition I Stark Law DHS Defined

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Definition of Designated Health Services under the Stark Law Regulations Designated health services (DHS) means any of the following services (other than those provided as emergency physician services furnished outside of the U.S.), as they are defined in this section: (1)(i) Clinical laboratory ...

Excess Benefit Rule – Physician Disqualified Individuals

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Excise Benefit Transaction Rules A “disqualified person” who benefits from an “excess benefit transaction,” such as compensation, fringe benefits, or contract payments from certain section 501(c)(3), 501(c)(4), or 501(c)(29) organizations, must correct the transaction and may have to pay ...

Disqualified Individuals – Applying the Excess Benefit Rules

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Excess Benefit Transaction Rules – When Is A Party A Disqualified Individual?   Tax exempt organizations such as hospitals, are subject to various rules that limit the benefits that they can provide to individuals who are in a position of control over the organization.  The “excess benefit” ...

Medical Director Agreement Payments May Be Source of Stark Law Compliance Concerns

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MEDICAL DIRECTOR PAYMENTS AS STARK LAW VIOLATIONS The relatively recent case serves as a reminder of the potential exposure to Stark Law liability arising from payments to medical directors.  Let me immediately clarify that not all payments to directors who perform legitimate services that are a...

Stark Law Regulations – Definition of Financial Arrangment

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Stark Law Definition of Financial Relationship Under Stark Regulations Sec. 411.354 Financial relationship, compensation, and ownership or investment interest. (a) Financial relationships. (1) Financial relationship means– (i) A direct or indirect ownership or investment interest (as defined in p...

Fair Market Value and Physician Compensation – Stark Law

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Fair Market Value Stark Law Regulatory Definition A number of areas of the Stark Law, Stark Regulations and comments to proposed and final rules discuss the concept of fair market value in connection with physician compensation.  I thought it might be useful to post some of the statutory and reg...