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Medicare/Medicaid Fraud & Abuse


Index
Bulletins and Publications on Stark and Anti-Kickback
CMS's Disclosure of Financial Relationships Report
Stark Anti-Referral Laws and Regulations
Anti-Kickback Statutes and Regulations
Comparison Chart of Stark Exceptions and Anti-Kickback Safe Harbors
Related Resources


Set forth below are the statutes, regulations, and other documentation regarding Medicare and Medicaid fraud and abuse. Information includes the Stark anti-referral requirements and general anti-kickback information.


Bulletins and Publications on Stark and Anti-Kickback

CMS Clarifies Lithotripsy “Under Arrangements” Contracts: Can Continue to Use Per-Click and Percentage-Based Payments
February 2009
The Centers for Medicare and Medicaid Services has issued a clarification of the Stark law and hospital "under arrangements" contracts for lithotripsy services.

Major Changes to Stark Law in 2009 IPPS Regulations
August 2008
Bulletin discussing significant changes to the Stark law as contained in the 2009 inpatient prospective payment system regulations.


The Stark Anti-Referral Laws and Regulations

The Stark Statute 42 U.S.C. 1395nn

Note that certain statutory changes were made to the Stark laws in the Patient Protection and Affordable Care Act. Read about the changes here.

 

Phase I of the Stark II regulations as published in the Federal Register on January 4, 2001. The regulations constitute final rules and became effective on January 4, 2002. (Note that section 424.22(d) which deals with home health certification and plans of treatment is effective February 5, 2001.) Part One and Two below are 50 pages long and Part Three is 11 pages; all are in pdf. format.
Part One
Part Two
Part Three


Phase II of the Stark II regulations as published in the Federal Register on March 26, 2004. The regulations constitute final rules and became effective on July 26, 2004.

Phase II Regulations
As published in the Federal Register March 26, 2004

Are You Ready to Comply With Stark?
March 2004 Bricker & Eckler bulletin on the Phase II regulations


Phase III of the Stark II regulations as published in the Federal Register on September 5, 2007. The regulations constitute final rules and became effective on December 4, 2007.

Phase III Regulations
As published in the Federal Register September 5, 2007

CMS Issues Phase III Stark Regulations
August 2007 Bricker & Eckler Bulletin on the Phase III Regulations


The complete Stark regulations section by section, including the Phase III amendments

  • 411.350 Scope
  • 411.351 Definitions
  • 411.352 Group Practice
  • 411.353 Prohibition on Certain Referrals by Physicians and Limitations on Billing
  • 411.354 Financial Relationship, Compensation, and Ownership or Investment Interest
  • 411.355 General Exceptions to Referral Prohibitions Related to Both Ownership/Investment and Compensation
  • 411.356 Exceptions to Referral Prohibitions Related to Ownership or Investment Interests
  • 411.357 Exceptions to Referral Prohibitions Related to Compensation Arrangements
  • 411.361 Reporting Requirements


Anti-Kickback Statutes and Regulations

The Anti-Kickback Statute 42 U.S.C. 1320a-7b

The Anti-Kickback Safe Harbors
Federal regulations at 42 C.F.R. 1001.952


Comparison Chart of Stark Exceptions and Anti-Kickback Safe Harbors
Includes the Phase III revisions, effective December 4, 2007
They also include changes from the 2009 Inpatient Prospective Payment Final Rules published in Federal Register August 18, 2008


Related Resoures

Health Care False Claims Act Resource Center
A Bricker & Eckler resource center on the Federal False Claims Act with bulletins and other resources

The Health Care Reform Resource Center
A Bricker & Eckler resource center with bulletins, analysis and regulatory updates of various provisions of the law

Fraud Alerts
Collection of fraud alerts issued by the Office of the Inspector General of HHS

Special Advisory Bulletins
Collection of advisory bulletins issued by the Office of the Inspector General of HHS

Advisory Opinions
OIG advice on the application of the anti-kickback statute and other OIG sanction statutes in specific factual situations

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