STARK BASIC TRAINING - The American Health Lawyers Association
STARK BASIC TRAINING - The American Health Lawyers Association
STARK BASIC TRAINING - The American Health Lawyers Association
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THE SOLUTION:<br />
MULTIPLE STATUTES<br />
• Anti-Kickback Statute (AKS)<br />
• Stark Statute<br />
• Prohibition against inducements to<br />
beneficiaries<br />
• State laws<br />
5<br />
THE PROHIBITION<br />
If a physician (or immediate family member)<br />
has a direct or indirect financial relationship<br />
with an entity that provides designated health<br />
services (“DHS”), the physician cannot refer<br />
the patient to the entity for DHS and the<br />
entity cannot submit a claim to CMS for such<br />
DHS, unless the financial relationship fits in<br />
an exception.<br />
6<br />
3
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