In implementing this rule, it appears that CMS effectively ends all percentage-based arrangements for the lease of space or equipment, whether structured as direct or indirect financial arrangements.
Of potentially equal significance, the new rulemaking's delayed effective date for certain provisions should be regarded as a shot from a starter's pistol for organizations that must amend or terminate relationships in order to achieve compliance by Oct. For the budget driven health care industry, the impact of this mandate, both financially and culturally, cannot be underestimated.Areas Covered in the Session: Overview: In this session Mr.Wolfe will provide an overview of the Stark Law and its 2016 changes.Such violations can also adversely affect the status of tax-exempt entities. Stark is a strict liability statute: even technical violations require repayments. The Anti-Kickback Statute (“AKS”) prohibits anyone from knowingly and willfully soliciting, offering, receiving, or paying any form of remuneration to induce referrals for items or services payable by government health care programs unless the transaction is structure to fit within a regulatory exception.If you have not done so recently, now is time to audit your physician contracts to ensure compliance. It is therefore imperative to structure and maintain contracts consistent with a regulatory safe harbor. The statute is violated if one purpose of a contract or other transaction is to induce referrals unless the transaction satisfies a regulatory exception. Violation of the AKS is a felony punishable by a ,000 fine and up to five years in prison.
Despite recent controversies surrounding the backdating of executive stock options, the general attitude in the US is that backdating is not wrong (or right), per se.