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

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

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

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 ...

Fair Market Value Definition – Stark Law and Safe Harbor Regulations

Stark Law Definition of Fair Market Value The term “fair market value” means the value in arm’s-length transactions, consistent with the general market value. ‘‘General market value’’ means the price that an asset would bring, as the result of bona fide bargaining between well-infor...

Definition of Remuneration Under the Federal Stark Law

Remuneration – Definition Under The Stark Law 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 for inacc...

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

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...

Special Rules on Compensation Stark Law

Stark Regulations Special Rules On Compensation (d) Special rules on compensation. The following special rules apply only to compensation under section 1877 of the Act and subpart J of this part: (1) Compensation is considered “set in advance” if the aggregate compensation, a time-based or per-un...

Stark Law Regulations – Definition of Financial Arrangment

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

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...