Jackson LLP advises healthcare practices, physicians, and management companies on Stark Law compliance and physician self-referral issues. We review financial relationships, compensation arrangements, contracts, and healthcare transactions to identify potential Stark Law concerns and structure arrangements to satisfy applicable exceptions.
Stark Law, also known as the Physician Self-Referral Law, generally prohibits physicians from referring Medicare patients for certain designated health services to entities with which the physician or an immediate family member has a financial relationship, unless an exception applies. Our attorneys work with clients to assess these relationships and address Stark Law requirements as part of broader healthcare regulatory compliance.
Addressing Your Business Goals and Regulatory Compliance
Stark Law compliance questions often arise when you structure a new arrangement, negotiate a contract, or change how your practice operates. We review the legal structure alongside your practical objectives.
Our attorneys advise on physician compensation arrangements, ownership and investment interests, contracts, joint ventures, and other financial relationships that may implicate Stark Law. We also evaluate arrangements under related federal and state laws, including the Anti-Kickback Statute and state self-referral and fee-splitting restrictions.
Stark Law concerns also frequently arise when a physician practice works with a management services organization (MSO). We advise on MSO and management services agreement (MSA) structures, including the financial and compensation arrangements that can create Stark Law, self-referral, and kickback concerns. We also review MSO arrangements for Stark Law compliance and for self-referral and kickback concerns when evaluating related financial relationships.
We Support Comprehensive Regulatory Compliance for Healthcare Entities
Jackson LLP provides legal services related to Stark Law and other healthcare fraud, waste, and abuse requirements, including:
- Reviewing physician compensation and other financial arrangements for Stark Law compliance
- Evaluating physician referrals and financial relationships for potential self-referral concerns
- Drafting and reviewing contracts involving physicians and healthcare entities
- Structuring healthcare transactions, collaborations, and joint ventures
- Preparing Stark Law self-disclosures when appropriate
- Reviewing MSO and MSA arrangements for Stark Law and related regulatory concerns
- Evaluating arrangements under the Stark Law, Anti-Kickback Statute, self-referral laws, fee-splitting restrictions, and other applicable requirements
- Advising on compliance issues involving reimbursement, overpayments, and other healthcare transactions
If you are considering a transaction, compensation arrangement, MSO relationship, or other financial relationship that raises Stark Law concerns, schedule a consultation with Jackson LLP.
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Frequently Asked Questions
What is the Stark Law?
The Stark Law, or Physician Self-Referral Law, generally prohibits physicians from referring Medicare patients for designated health services to entities with which they have certain financial relationships, unless an exception applies.
Who does the Stark Law apply to?
Stark Law primarily applies to physicians and entities furnishing designated health services to Medicare patients. The specific requirements depend on the financial relationship and the services involved.
What types of arrangements can raise Stark Law concerns?
Physician compensation, ownership interests, leases, joint ventures, and other financial relationships can raise Stark Law concerns when they involve referrals for designated health services.
How does Stark Law affect MSO arrangements?
An MSO arrangement may require Stark Law review when a physician has a financial relationship with an entity involved in designated health services. The management fee and other financial terms should be structured with applicable Stark Law requirements in mind.
What is the difference between Stark Law and the Anti-Kickback Statute?
Stark Law generally addresses certain physician self-referrals involving financial relationships, while the Anti-Kickback Statute broadly prohibits offering, paying, soliciting, or receiving remuneration to induce or reward referrals involving federal healthcare programs.
Can Jackson LLP review a potential Stark Law violation?
Yes. Jackson LLP can review existing or proposed arrangements, identify potential Stark Law issues, assess applicable exceptions, and advise on restructuring, remediation, or self-disclosure when appropriate.