Insights & Resources

Medicare/Medicaid Fraud & Abuse Resource Center

    Back To Medicare/Medicaid Fraud & Abuse Resource Center

    Stark Law: Hospital Investment or Ownership -- 411.356(c)(3)

    411.356 Ownership or investment interests that do not constitute a financial relationship

    (c) Specific providers. Ownership or investment interest in the following entities, for purposes of the services specified:

    (2) A hospital that is located in Puerto Rico, in the case of DHS furnished by such a hospital.

    (3) A hospital that is located outside of Puerto Rico, in the case of DHS furnished by such a hospital, if—

    (i) The referring physician is authorized to perform services at the hospital;

    (ii) Effective for the 18–month period beginning on December 8, 2003 (or such other period as Congress may specify), the hospital is not a specialty hospital;

    (iii) The ownership or investment interest is in the entire hospital and not merely in a distinct part or department of the hospital; and

    (iv) The hospital meets the requirements described in § 411.362 not later than September 23, 2011.