What is . . . Stark law?

What is . . . Stark law?

by Jonathan E. Anderman

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"The Physician Self-Referral Law, commonly known as the Stark Law (42 U.S.C. ss.1395nn), prohibits a physician from referring Medicare patients for certain services defined as designated health services (DHS) to an entity with which the physician or an immediate family member has a direct or indirect 'financial relationship.' The law also prohibits an 'entity' such as a hospital or other provider or supplier from billing for DHS furnished as a result of a prohibited referral. The Stark Law is a strict liability law, which means that no intent to violate the statute is necessary for claims for DHS to be denied or a violation to be found. Despite Stark being a strict liability statute, there are enhanced penalties for knowing violations"--Introduction, page ix.

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