Ensuring compliance with the Stark law
Train your team to recognize what constitutes a “financial relationship” under Stark.
Confirm that each financial arrangement complies with a Stark exception before the arrangement begins.
When the exception requires written documentation, aim to have formal written agreements.
Keep documentation supporting fair market value and explaining the legitimate business purpose of a financial arrangement without considering physician referrals.
Keep gifts, meals and other nonmonetary compensation to referring physicians below $392 in 2016, and document them.
Periodically re-evaluate whether a physician’s pay reflects fair market value and is commercially reasonable without considering referrals.
Investigate potential Stark violations and repay the government for any tainted claims or self-disclose the violation.
Before buying a practice, review the regulatory compliance on current and past physician financial relationships and take steps to resolve any noncompliance before closing.