Book Description

This completely updated, revised, and significantly expanded new edition of The Stark Law: Comprehensive Analysis and Practical Guide is not just a summary of the law. It remains an in-depth critical analysis of Stark Law authority, interpretation, and enforcement. Sharing a wealth of insight, the authors provide an analytic overview to assessing Stark Law compliance questions, before addressing the legal effect of the regulations and the regulatory process, and analyzing the implications of various federal cases and enforcement activity. Throughout the book, they include practical guidance for advising clients on complying with the current state of the law and regulations, as well as a look at what future direction the law might take. The authors highlight themes that emerge in the regulations, identify key definitions and interpretive changes, illuminate problem areas, and suggest guidance for navigating each of them.New developments on fundamental issues are addressed in this Seventh Edition, including commercial reasonableness, taking into account the volume or value of referrals or other business generated, and fair market value. The authors expand their analysis on recent areas of focus, including two new chapters on curing temporary noncompliance and new exceptions for value-based arrangements.Continuing areas of concern are also considered in detail, with the benefit of updated analysis. The authors address physician recruitment concerns and detail the evolution in CMS's view of the acceptability of percentage-based compensation, the continuing debate over specialty hospitals, and the viability of gainsharing and clinical co-management arrangements. Other coverage in this concise and comprehensive work includes models for Stark-compliant physician joint ventures, group practices and their applicable exceptions, developments in the area of self-disclosure, and more.