Articles and Blogs

Stark law

Hall Render’s This Week in Washington – June 22, 2018

[06/22/18]

Posted on June 22, 2018 in Federal Advocacy

Published by: Hall Render

CMS Issues RFI for Stark Law On June 20, CMS released a request for information (“RFI”) seeking feedback on ways to improve the Stark Law, which limits how doctors can refer patients to businesses in which they have a financial interest. Largely seen as a barrier to value-based care arrangements, the agency is asking for information... READ MORE

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CMS Seeks Input on Stark Law Changes to Accelerate the Shift to Value-Based Care

[06/22/18]

Posted on June 22, 2018 in Health Law News

Published by: Hall Render

On June 20, 2018, the Centers for Medicare & Medicaid Services (“CMS”) issued a Request for Information (“RFI”) seeking feedback from health care industry stakeholders on the burdens of compliance with the Stark Law as it exists today. Earlier in the day, Kelly Cleary from the HHS Office of the General Counsel and HHS... READ MORE

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2017 Non-Monetary Compensation to Physicians (And Chance to Review 2016)

[11/30/16]

Posted on November 30, 2016 in Health Law News

Published by: Hall Render

Under the federal Stark Law, hospitals may provide non-monetary compensation to physicians up to an aggregate amount of $398 for calendar year 2017. The dollar limit for “medical staff incidental benefits” (e.g., meals, parking and other items or incidental services that are used on the hospital’s campus) is less than $33 per occurrence. Other requirements of... READ MORE

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OIG Data Confirms That Non-Compliant Real Estate Arrangements Are Costly

[10/20/16]

Posted on October 20, 2016 in Health Law News

Published by: Hall Render

Health care providers subject to the Stark Law and the Anti-Kickback Statute can face significant penalties for non-compliant arrangements. In the event that a provider discovers a potentially non-compliant arrangement, it may elect to disclose the arrangement to government officials in an effort to limit its liability. Potential Stark Law violations are often disclosed... READ MORE

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Implementing a Timeshare License: Six Things to Consider

[09/27/16]

Posted on September 27, 2016 in Health Law News

Published by: Hall Render

Earlier this year, we reported on several benefits associated with the new Stark exception for timeshare arrangements. While we believe that, under many circumstances, the new timeshare exception is an improvement over the space lease exception, it does have several limitations. Before a health care provider enters into a timeshare license that is designed... READ MORE

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CMS Finalizes Rule Affecting Holdovers in Space Leasing Arrangements Under the Stark Law

[11/23/15]

Posted on November 23, 2015 in Health Law News

Published by: Hall Render

Overview On October 30, 2015, the Centers for Medicare & Medicaid Services (“CMS”) announced the final rule (“Final Rule”)1 in follow up to the proposed rule published in July 2015 pertaining to payment policies under the Physician Fee Schedule for CY 2016 (“Proposed Rule”). In addition to changes to the Physician Fee Schedule and other... READ MORE

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The New Stark Exception for Timeshare Licenses

[11/05/15]

Posted on November 5, 2015 in Health Law News

Published by: Hall Render

Last week, CMS promulgated a final rule that creates a new “timeshare license” exception to the Stark Law. A few days ago, we reported on this and other changes here but believe that the timeshare topic merits additional discussion. The new exception was created due to the difficulty hospitals and physicians experience when trying... READ MORE

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Real Estate Professionals Can Be Whistle Blowers Too!

[11/04/15]

Posted on November 4, 2015 in Health Law News

Published by: Hall Render

A trend in real estate-related False Claims Act litigation should put hospitals and other health care providers on notice that relators are looking for big paydays for non-compliant real estate arrangements. The relators described in this article are real estate professionals who are bringing technically complex claims with little to no institutional knowledge of... READ MORE

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CMS Issues Proposed Rule Affecting Space Leasing Arrangements Under the Stark Law

[07/10/15]

Posted on July 10, 2015 in Health Law News

Published by: Hall Render

Overview On July 8, the Centers for Medicare & Medicaid Services (“CMS”) published a proposed rule pertaining to payment policies under the Physician Fee Schedule for CY 2016 (“Proposed Rule”).1 In addition to changes to the Physician Fee Schedule and other Medicare Part B payment policies, the Proposed Rule addresses modifications to the Stark... READ MORE

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