Category Archive
for: ‘Stark Law’

Physician Self-Referral and e-Health Law – Ongoing Debate

Writing an opinion for the Journal of the American Medical Association’s (JAMA) Viewpoint, two physicians point to the need for an overhaul of laws relevant to physician self-referral in light of the explosive growth in this practice and it’s impact on Medicare and Medicaid costs, as reported by the Government Accounting Office (GAO). The Robert […]

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Florida Hospital Announces Stark Violation Case Settlement

Less than a month after kidney care giant DaVita announced that it had reached a settlement agreement after allegations of physician kickbacks, a Florida hospital appears to have resolved its own Stark Law violation.  As Modern Healthcare reported, the Daytona Beach-based Halifax Hospital “announced a surprise $85 million settlement with prosecutors that could resolve the […]

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Easier Stark Law Compliance? CMS Expands Exemptions

For many health care providers, the Stark anti-kickback law, designed to eliminate self-referrals, can be the source of headaches, particularly as physicians seek to ensure compliance as they transition to the use of electronic health records (EHR).  Thanks to an end-of-the year decision from the Centers for Medicare and Medicaid Services (CMS) and the Department […]

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Budget Proposes to Eliminate Stark “Loophole”

The recently submitted Administration’s federal budget for Fiscal Year 2014 included a proposal to change a provision in the Federal Stark Law that some describe as a loophole, according to a column written by Mike Bassett in Fierce Medical Imaging. The Federal Stark physician self-referral law generally prohibits a physician from making referrals to an […]

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With Possible Fraud or Stark Law Violations, Self-Disclosure is the Best Approach

A violation of the so-called Stark Law, which seeks to prevent physicians from making patient referrals to other providers or organizations in which they have a financial interest, can mean big trouble for a doctor or a practice group.  But as Fierce Healthcare reports, there are ways to avoid the severest penalties. According to the […]

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September Brown Bag — Are You Compliant With Telehealth’s Legal and Regulatory Issues?

The phone rings every week at The Robert J. Waters Center for Telehealth and e-Health Law (CTeL) and the person asks, “We’re thinking of starting a telemedicine program.  What issues do we need to think about?’ Or sometimes it is more ominous.  “We’ve started our telemedicine program.  What issues do we need to think about?” […]

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Physician Self-Referral Law: HHS Video and Audio Podcast

The Office of the Inspector General (OIG) at the U.S. Department of Health and Human Services has released another video and audio podcast on the legal issues under their jurisdiction. The latest information from the OIG includes a general introduction to the Physician Self-Referral Law, an important fraud and abuse law administered by the Centers […]

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New CTeL Report: Telemedicine — Stark and Anti-Kickback

The Robert J. Waters Center for Telehealth and e-Health Law (CTeL) has released a legal and regulatory research report, “The Practice of Telemedicine: The Impact of Stark and Anti-Kickback.“  The report is authored by CTeL Legal Fellow, Salima Jamal Ali, Esquire, a graduate of the University of Virginia School of Law.  Ms. Ali currently advises […]

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