Oberheiden & McMurrey, LLP Blog

Stark Law investigations

What You Should Do When You Are Under Stark Law Investigation?

Categories: Health Care Law

About the Stark Law The Stark Law (42 U.S.C. § 1395nn), also known as the Physician Self-Referral Law, imposes limitations on a physician’s right to refer patients to medical service providers in which the physician (or a family member of the physician) has a financial interest or a financial relationship.  The Stark Law only applies…

Read More

What Is the Personal Service Exception under Stark Law?

Categories: Health Care Law

stark law

The Ethics in Patient Referrals Act (Stark) prohibits physicians who have financial relationships with entities from making referrals to those entities for the furnishing of designated health services (DHS) reimbursable by Medicare, subject to certain exceptions. See 42 U.S.C. § 1395nn(a)(1).  To limit the wide and potentially unintended application of this law, the Stark Law…

Read More

What Are the Compensation Arrangement Exceptions to the Stark Law?

Categories: Health Care Law

Stark Law

Under the Physician Self-Referral Law (42 U.S.C. § 1395nn), or Stark Law, physicians are barred from referring Medicare/Medicaid beneficiaries to a “designated health services” (DHS) provider in which the referring physician (or his immediate family member) has a “financial relationship.” Because maintaining the Stark Law without exceptions would make the practice of medicine almost impracticable,…

Read More

What Are the Ownership and Investment Interest Exceptions to the Stark Law?

Categories: Health Care Law

Stark Law Exceptions

The Stark Law, officially named the Physician Self-Referral Law (42 U.S.C. § 1395nn), forbids physicians to refer a Medicare/Medicaid patient to a “designated health services” (DHS) provider that the referring physician (or his immediate family member) has a “financial relationship” with, unless an exception applies.  Similarly, the Stark Law disallows DHS providers from billing Medicare…

Read More

Defending Physicians against Kickback Charges in Connection with PGX Testing

Categories: Anti-Kickback Issues

Defending Physicians

Laboratory Kickback Prosecutions Since 2014, when the Department of Health and Human Services’ Office of the Inspector General released a Special Fraud Alert regarding improper payments by laboratories to referring physicians, federal investigators have increasingly focused on the relationships between laboratories and physicians.  Federal investigators are particularly on the lookout for situations where laboratories are…

Read More