Articles and Blogs

Under the federal Stark Law, hospitals, physician groups, labs and other provider entities may provide non-monetary (i.e., non-cash or cash equivalent) compensation to physicians up to an aggregate amount of $519 for calendar year 2025. The dollar limit for “medical staff incidental benefits” provided by a hospital to a member of its medical staff... READ MORE

Under the federal Stark Law, hospitals, physician groups, labs and other provider entities may provide non-monetary (i.e., non-cash or cash equivalent) compensation to physicians up to an aggregate amount of $507 for calendar year 2024. The dollar limit for “medical staff incidental benefits” provided by a hospital to a member of its medical staff... READ MORE

The Biden Administration recently announced that the COVID-19 public health emergency (“PHE”) will end on May 11, 2023. All current waivers that have not already been extended by Congress beyond the PHE (e.g., telehealth and Hospital at Home) will terminate along with the PHE. This includes the Stark Law blanket waivers related to COVID-19... READ MORE

On July 26, 2022, the Centers for Medicaid and Medicare (“CMS”) published the 2023 Hospital Outpatient Prospective Payment System (OOPS) and Ambulatory Surgery Center Payment System Proposed Rule. The proposed rule includes a new exception to the prohibition on physician self-referral (“Stark Law”) and would allow for physicians to have ownership or investment interests... READ MORE

On June 9, 2022, the Centers for Medicare & Medicaid Services (“CMS”) published a notice seeking public comment on its plan to revise the way information is collected under its voluntary Self-Referral Disclosure Protocol (“SRDP”). Specifically, the proposed rule would allow a group practice to submit a single “Group Practice Information Form” that would cover all... READ MORE

Under the federal Stark Law, hospitals, physician groups and other provider entities may provide non-monetary (i.e., non-cash or cash equivalent) compensation to physicians up to an aggregate amount of $452 for calendar year 2022. The dollar limit for “medical staff incidental benefits” provided by a hospital to a member of its medical staff (e.g.,... READ MORE

Earlier this year, the Centers for Medicare and Medicaid Services (“CMS”) finalized a change to the exclusive use requirement of the Stark Law that affects space and equipment leases. The rental of office space exception and the rental of equipment exception now allow a lessee—and any other lessees operating in the same office space... READ MORE

In December 2020, the Centers for Medicare & Medicaid Services (“CMS”) issued long-awaited final rules revising the Stark Law regulatory framework and updating the 2021 Medicare Physician Fee Schedule (“MPFS”). Though many health care organizations considered both updated regulatory frameworks when establishing their physician compensation programs for 2021, stakeholders in the industry continue to... READ MORE

On January 19, 2021, health care organizations nationwide will need to start complying with new regulations aimed at modernizing and streamlining key regulations under the federal Stark Law. The Centers for Medicare & Medicaid Services (“CMS”) announced the new regulations in a much-anticipated final rule (“Final Rule”) on November 20, 2020. As we noted... READ MORE

Under the federal Stark Law, hospitals may provide non-monetary compensation to physicians up to an aggregate amount of $429 for calendar year 2021. 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 $37 per occurrence. Other... READ MORE