A Quick Look: How the New Stark Regulation May Affect Your Compliance Program

The revised Stark regulation,[1] which took effect Jan. 19, added and/or revised exceptions and definitions, which will have a ripple effect on some aspects of your compliance program, according to attorneys Ritu Kaur Cooper and James Junger, with Hall, Render, Killian, Heath & Lyman PC (see story, p. 1).[2] A CMS spokesperson told RMC Feb. 5 that the effective date is, in fact, Jan. 19, despite questions raised by the Government Accountability Office (see briefs, p. 8).[3] Contact Cooper at rcooper@hallrender.com and Junger at jjunger@hallrender.com.

How Will These Changes Affect a Compliance Program?

Element

Likelihood That Stark/AKS Changes Will Affect This Element

Notes

Policies and Procedures

High

Review and revise policies and procedures and update them.

Compliance Officer and Committee

Low

Training and Education

High

Train workforce on changes to law that impact updated organizational policies and procedures.

Open Lines of Communication

Low

Auditing and Monitoring

High

Review and update auditing and monitoring tools.

Disciplinary Guidelines

Low

Responding to Detected Offenses and Corrective Action

High

Utilize new rules to determine whether conduct violates the Stark Law and Anti-Kickback Statute (e.g., limited remuneration to a physician exception), as appropriate.

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