-
ial4 replied to the topic Anti-kickback & Stark Cases in the forum Consultants and Legal Basics 8 years, 7 months ago
Hi,
Thank you for sharing the link. Very interesting topic Hetal. The Federal Anti-Kickback Statute and the Stark Law are often confused because both laws deal with remuneration related to improper referrals.The Anti-Kickback Statute is a criminal law that applies broadly and prohibits the knowing and willful payment of remuneration to induce or reward patient referrals or the generation of business involving any item or service payable by the Federal health care programs.
Highlight of the laws for stark and anti-kickback are
Stark
1.Civil penalties
2.Applies only to Designated Health Services (DHS) paid for by Medicare
3.Is strict liability (no intent required)
4.Must involve a physician and an entityThe Anti- Kickback Statute
1.Civil and criminal penalties
2.Applies to Medicare and any Federal Healthcare Program
3.Requires proof of improper intent
4.Applies to any referral source (not just physicians)