What Is the Stark Law?
In recent years, the Stark Law has grown in complexity. Its regulations and restrictions on historically acceptable professional practices have led to many practitioners and firms falling foul of the law. In order to avoid violating the Stark Law, it is important to understand what it entails and how it can affect your practice. The following are some basic facts about the Stark ban. You should also be familiar with the False Claims Act.
A physician is prohibited from self-referral unless the patient is referred by a physician with a financial interest in the service. The Stark Law discourages physicians from self-referral and remuneration. While proponents of the law argue against overutilization of health services, opponents argue that the statute limits competition among health care providers. Furthermore, the law is often interpreted in ways that limit the ability of patients to choose the most appropriate provider.
The Stark Law prevents referrals for a fee that would have been a lower cost alternative. In most cases, this law does not apply to physician-owned practices, but it does apply to large medical care organizations. For example, when a physician prescribes a DME, the nurse practitioner must be able to control the referral, and the Stark Rule states that the referral must come from the physician. The nurse practitioner must have control over the referral.
Additionally, the Stark Law prohibits referrals that are of no value and does not protect the patient from paying for unnecessary services. It applies to both privately owned medical practices and larger medical providers. A physician who refers patients to an ASC is not covered under the Stark Law. Moreover, the physician is not responsible for the quality of care rendered by the ASC. Therefore, the physician must follow the requirements of the Stark Law before providing care.
In other cases, the Stark Law prohibits physicians from making referrals for a fee that is not valuable. The law also applies to referrals made for the sole purpose of obtaining money. A physician can’t be compensated by a hospital for referring patients if he or she receives payment for services rendered in the hospital. A physician cannot refuse to refer patients for reimbursement if the patient is not in need of the service.
The Stark Law applies to referrals of any type. This means that a physician who refers patients to an ASC must be a member of the Medical Society. This means that the physician must be a board-certified pathologist. The doctor must have a degree in the field of medicine. The hospital must be a public hospital. There are no exceptions to the Stark Law. Regardless of the type of practice, it applies to any physician who provides a medical service.