http://www.qandak.com - Featured Q and A Wed, 08 Sep 2010 02:05:08 +0000 en hourly 1 http://wordpress.org/?v=3.0.1 http://www.qandak.com/what-is-the-stark-law/ http://www.qandak.com/what-is-the-stark-law/#comments Fri, 13 Nov 2009 11:55:23 +0000 TonyLiu http://www.qandak.com/?p=85 The Stark Law is a Medicare payment rule named after Rep. Fortney “Pete” Stark.
Unless an exception applies, the Stark Law:
• prohibits a physician from making a referral to an entity (including the
physician’s own practice) for the furnishing of certain designated health
services covered by Medicare if the physician (or an immediate family
member) has a financial relationship (ownership or compensation) with the
entity; and
• prohibits an entity from submitting a claim or bill to any person for a service
or item furnished pursuant to a prohibited referral.

]]> http://www.qandak.com/what-is-the-stark-law/feed/ 0 http://www.qandak.com/what-are-the-penalties-for-violating-the-stark-law/ http://www.qandak.com/what-are-the-penalties-for-violating-the-stark-law/#comments Fri, 13 Nov 2009 11:54:10 +0000 TonyLiu http://www.qandak.com/?p=83 No payment may be made for a service furnished pursuant to a prohibited referral.
Consequently, the billing entity is liable to the Medicare program and
beneficiaries for any amounts collected. Persons who submit claims or cause
claims to be submitted for services furnished pursuant to a prohibited referral, or
who do not promptly refund amounts collected, are subject to civil monetary
penalties of up to $15,000 for each such service, and may be excluded from
Federal health care programs. In addition, the U.S. Department of Justice has
brought cases under the federal False Claims Act predicated on violations of the
Stark Law. Often, these cases are initiated after individuals file a lawsuit under
the whistleblower provisions of the False Claims Act.

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