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.
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. |