STARK 101: essential questions for every Stark analysis
Navigating the federal physician selfreferral law (enacted as Section 1877 of the Social Security Act and commonly referred to with its accompanying regulations as the Stark Law) can often perplex even the most seasoned lawyer. For the compliance officer, understanding whether Stark applies to a proposed or existing arrangement is an essential first step in evaluating that arrangement. For example, knowing when Stark applies is key to determining whether that unsigned or missing lease is problematic.
In practice, Stark issues can generate a number of perplexing questions. Does Stark apply to arrangements with physician assistants? What if the arrangement is with a physician, but that physician is not practicing medicine or does not personally have a financial relationship with the hospital? How does Stark apply to these and other situations?
This article provides an introduction to Stark and offers some simple tools to help guide compliance officers, executives, new lawyers, and others in evaluating whether Stark may prohibit a proposed or existing arrangement. Two general questions should guide every Stark analysis: Does Stark apply to the arrangement? If Stark applies, does the arrangement fit into an exception?…
If you are registered and logged in to the site, click on the link below to read the rest of the DLA Piper briefing. If not, please register or sign in with your details below.
News from DLA Piper
News from The Lawyer
Briefings from DLA Piper
Philippines president Benigno Aquino III has signed into law Republic Act 10641, ‘An Act Allowing the Full Entry of Foreign Banks in the Philippines’.
As you structure the features of developer notes, the following principles may help you maximise their marketability.
Analysis from The Lawyer
Shearman & Sterling is making its presence felt in the City, squaring up to magic circle firms and looking to muscle in on key relationships. Private equity house Bridgepoint is one outfit that has had its head turned by the US firm.
A new breed of lawyer is smoothing the path for companies entering emerging or unstable jurisdictions