Advanced Stark in Action: Analyzing Hypotheticals to Identify and Address Risks
Journal of Health & Life Sciences Law
On March 28-30, 2012, the American Health Lawyers Association presented its annual Institute on Medicare and Medicaid Payment Issues in Baltimore, Maryland. Craig Holden, co-chair of Ober|Kaler’s Health Law Group, and David Matyas co-presented an extended session on “Advanced Stark” Issues.
The presenters reviewed the impact of the Patient Protection and Affordable Care Act and subsequent agency action on voluntary disclosures under Stark, including practical analysis and a discussion of scenarios highlighting factors and exceptions to consider when evaluating whether and how to self-disclose. Craig and David explored valuation issues in the wake of U.S. ex rel Singh v. Bradford Regional Medical Center. Other hypothetical scenarios facilitated discussions of physician employment, limits on physician-owned hospitals, and the intersection between Stark and accountable care. Finally, the presenters shared their perspectives on questions posed by session attendees.
Access a recording of this discussion, as well as a detailed written review of stark law and regulation, by visiting www.healthlawyersjournal.com/healthlawyers/201206. (Subscription required)