Stark Law
34
MENTIONS
11
EPISODES
10
PODCASTS
Search complete. 34 mentions across 11 episodes found for "Stark Law".
Sep 12, 2026
Mikel DanielsGUEST
So they're still not getting that whole practice management experience.
Mikel DanielsGUEST
And due to the way some of our contracts get structured and what health systems do and do the Stark Law regulation, I think the way they get compensated is very, very poorly understood.
Mikel DanielsGUEST
And it really hurts them because they have a lack of understanding.
Andrew GreenlandHOST
Thank you.
Anthony DiGiorgioGUEST
And then because of that, you have massive consolidation where it favors these large systems that can navigate those rules.
Anthony DiGiorgioGUEST
Stark Law is a prime example.
Anthony DiGiorgioGUEST
Again, my colleague who owns his own MRI machine, he can only do that because he's opted out of Medicare.
Anthony DiGiorgioGUEST
If I were to try to do that as an independent Medicare participating provider, that's illegal.
Niklas AnzingerHOST
Is that true?
Anthony DiGiorgioGUEST
Right.
Anthony DiGiorgioGUEST
So there is stark law is the law against self-referral.
Anthony DiGiorgioGUEST
And that has basically made it.
Bob WadeHOST
Listen to this episode and I will describe what is being proposed.
speaker_1NARRATOR
Captain Integrity Production and the law firm of Nelson Mullins presents Stark Integrity, the Stark Law and Compliance Podcast.
speaker_1NARRATOR
Stark Integrity explores the world of the Stark Law and healthcare compliance with our nationally recognized Stark Law, Fraud, and Compliance Attorney, Bob Wade.
speaker_1NARRATOR
Bob has a national health care legal and compliance practice that focuses on the minions of the anti-kickback statute, False Claims Act, and the Stark Law, including fair market value and commercial reasonableness.
speaker_1NARRATOR
Although Bob is a law partner in the national law firm of Nelson Mullins, the views expressed in Stark Integrity are Bob's personal views and not the views of the firm, and they are not intended to be legal advice.
speaker_1NARRATOR
Now, without further ado, I give you Captain Integrity,
18 MINS LATER
Bob WadeHOST
This is not a final rule.
Bob WadeHOST
It is a mere proposal, and we'll have to see what comes as the 2027 physician fee schedule becomes finalized.
Gary PriceGUEST
Uh, specific to physician ownership of hospitals, the, there was a provision in the Affordable Care Act that essentially eliminated, uh, an exception where physicians could own hospitals in rural areas.
Gary PriceGUEST
Uh, this was a previously enacted, uh, law called the Stark Law that severely restricted physicians' ability to own, uh, healthcare facilities, and in particular, hospitals.
Gary PriceGUEST
Uh, for the younger physician who didn't practice prior to that, um, you have to go back even further because states and the federal government to some extent, and then to a great extent when the Stark Law came along, uh, and then the ACA, were limiting physicians' ability to have ownership of healthcare facilities even before that.
Gary PriceGUEST
Um, so I was in practice from 1985 on, and during my career there was, there were always some sort of limits on physician ownerships of, of facilities.
Gary PriceGUEST
In my state there were state regulations that many states had called Certificate of Need laws that also limited it.
Gary PriceGUEST
However, having said that, the Stark Law followed by the ACA provisions, uh, set in stone that physicians could not own hospitals e- even in rural areas where they needed them.
Gary PriceGUEST
But also, uh, it did grandfather in physician-owned hospitals that already existed, but prohibited them from expanding their services, adding beds, et cetera, from that point on.
Gary PriceGUEST
Of course, that was 2010.
Arvita TripathiGUEST
Having someone who is accountable is essential for good governance in this area.
speaker_1NARRATOR
Captain Integrity Production and the law firm of Nelson Mullins presents Stark Integrity, the Stark Law and Compliance podcast.
speaker_1NARRATOR
Stark Integrity explores the world of the Stark Law and healthcare compliance with our nationally recognized Stark Law fraud, and compliance attorney, Bob Wade.
speaker_1NARRATOR
Bob has a national healthcare legal and compliance practice that focuses on the minions of the Anti-Kickback Statute, False Claims Act, and the Stark Law, including fair market value and commercial reasonableness.
speaker_1NARRATOR
Although Bob is a law partner in the national law firm of Nelson Mullins, the views expressed in Stark Integrity are Bob's personal views.
speaker_1NARRATOR
and not the views of the firm, and they are not intended to be legal advice.
speaker_1NARRATOR
Now, without further ado, I give you Captain Integrity,
Bob WadeHOST
Bob Wade.
speaker_2HOST
Because getting this wrong doesn't just mean a slap on the wrist, it means committing federal fraud.
speaker_2HOST
The Stark Law.
speaker_1HOST
Yeah, the Stark Law, named after Congressman Pete Stark.
speaker_1HOST
It's a highly complex, aggressively enforced set of regulations designed to prevent physician self-referral.
speaker_2HOST
Okay, what's the basic idea?
speaker_2HOST
They're basically treating their prescription pad like a cash register.
speaker_1HOST
And the government recognized that exact danger.
speaker_1HOST
The penalties for violating Stark Law are severe.
Sue CronkiteHOST
The 2026 edition of the Survey Guide is out, and our September conference week is open for registration.
Sue CronkiteHOST
Then Stark Law Reform is back in front of Congress.
Sue CronkiteHOST
A new survey says almost two-thirds of ASCs have canceled or delayed cases over anesthesia coverage.
Sue CronkiteHOST
More than half of nurse practitioners are reporting burnout or depression.
20 MINS LATER
John GoehleHOST
Those two things put you most of the way there.
John GoehleHOST
And then you've got until December 15th, which sounds like a lot of time, but it really isn't.
Sue CronkiteHOST
So staying on the regulatory side, Becker's ASC ran a piece on August 11th asking whether Stark Law reform is finally on the table.
Sue CronkiteHOST
And the short answer, as I read it, is maybe, but probably not the part that everybody wants.
Tabitha TaylorGUEST
So it, it is a little nuanced.
Tabitha TaylorGUEST
Um, and one thing that I, I, I really want to s- share here, because a lot of providers aren't aware of this, they're like, "Oh, well, I'm, I don't fall under Stark Laws," right? 'Cause there are certain requirements.
Tabitha TaylorGUEST
So fee-splitting at, at its core is, um, medical providers are not allowed to either pay someone for a referral or get paid for a referral.
Tabitha TaylorGUEST
That's, that's the cut of it.
Robert SalcidoGUEST
That, that will be a development to watch for this year.
Robert SalcidoGUEST
In terms of Stark and Anti-Kickback statute, uh, there's been a phenomenal decision just recently, um, about a month ago, uh, issued also by the Fourth Circuit, uh, US ex rel Kyre v. Thomas Health System, which will be very important, um, in terms of defending False Claims Actio-Actions based on an alleged violation of the Stark Law and Anti-Kickback statute.
Robert SalcidoGUEST
And the reason for that, as, as I'm sure y-you know, and, and for the audience, a, a common theme or common narrative by either whistleblowers or the government in Stark and Anti-Kickback cases, um, i-involves the various factors.
Robert SalcidoGUEST
One is that the hospital purportedly tracked physicians' referrals and the profitability of those referrals.
Robert SalcidoGUEST
Another is that the physician component of the, the health system operated at a loss.
Robert SalcidoGUEST
And another is either the hospital or executives of the hospital has been involved in False Claims Act actions in the past and manifested a desire of capturing physician referrals.
Robert SalcidoGUEST
All those themes, uh, were developed by the, the relator, the whist- purported whistleblower in the Kyre case, and the court rejected each of those as, as really being kind of dispositive grounds for believing either a kickback violation or Stark, Stark Law violation occurred.
Robert SalcidoGUEST
The, the court noted that tracking referrals isn't the same as overpaying on compens-compensation.
KevinHOST
The Stat interv- the investigation goes back into Athelas's dealt, uh, sales practices and finds that they were offering referral arrangements to provider groups to get other provider groups in and offering compensation for that.
KevinHOST
That raises the specter of kickback issues, Stark Law violations related to that referral program.
KevinHOST
Interestingly, Stat released a, a follow-up article noting that Commure terminated this referral partnership program in the last few days, potentially before the investigation came out, but after Stat had emailed Commure asking for comment on the investigation.
KevinHOST
So you can, you can see the wheels in motion there.
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