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Self Disclosures Settlements Under Stark Law

New Stark Law Self Disclosure Settlement Announced

CMS routinely posts settlements that it reaches with providers under its Stark Law Sefl-Disclosure protocol program.  Four new cases recently appeared on the CMS website that reports these settlements.  These cases involve providers who detect violations of the Stark Law and voluntarily disclose those violations to CMS.  Two of the settlements involved relatively small payment amounts that related to exceeding the yearly cap on the payment of non-monetary compensation to physicians.  The other two settlements were a bit more costly for the providers and involved more serious violations of the hospitals’ failure to comply with the personal service and management agreement Stark Law exceptions.

The Self Referral Disclosure Protocol can be used by providers to disclose violations of the Stark Law that they may discover.  Although not guaranteed, the protocols allow the government to settle on self disclosures for less than the amount that may be assessed for the reported violation.

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John H. Fisher

Health Care Counsel
Ruder Ware, L.L.S.C.
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