Physician arrangements with outside diagnostic testing companies can create significant Stark Law and Anti-Kickback Statute risks. Recent settlements involving two New York ophthalmology practices, which paid a combined $2.3 million to resolve False Claims Act allegations related to transcranial Doppler ultrasound testing, highlight increased scrutiny of these arrangements.
An article by Becker’s ASC Review highlights guidance from Tina Segreto on the Stark Law’s in-office ancillary services exception, including specific requirements governing where services are performed, who performs or supervises them, and how they are billed. Physician practices working with third-party testing companies should carefully evaluate these arrangements for compliance with both the Stark Law and the Anti-Kickback Statute.
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