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Updates
The following are five key Stark Act changes that are being finalized:
- Physicians will be required to "stand in the shoes" of their physician organization only if they have an ownership or investment interest (not compensation) in the physician organization.
- If an arrangement does not comply with an exception because of the failure to obtain a signature on written contract, the arrangement can still meet the exception if the signature is obtained within 90 days for an inadvertent failure and 30 days for a failure that is not inadvertent.
- Percentage-based compensation can only be paid for personally performed services, and only from revenue generated from the physician's personally performed services.
- Per-click compensation will not be permitted if the lessor was the source of the patient referral.
- A DHS entity will include the person or entity that performs the DHS. Many "under arrangements" may be required to be unwound because of this change.
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