Frier Levitt attorney Lawrence Kobak has authored a new article in Podiatry Management titled “The Stark Law,” offering a clear and informative overview of one of the most important, but often overlooked, federal healthcare regulations.
In the article, Lawrence breaks down the Stark Law, outlining its origin and evolution. He emphasizes how it has expanded over time to cover a broader range of relationships and services. “The Stark Law deals with self-referrals, which include immediate family members. It includes both Medicare and Medicaid claims. In 1995, self-referral law expanded the designated health services (DHS) from clinical laboratories, to also include physical therapy, occupational therapy, radiology, durable medical equipment and supplies, parenteral equipment and supplies, prosthetics, orthotics, and hospital services, including, outpatient prescription drugs and home health services” he states.
Lawrence provides valuable context by comparing the Stark Law with the Anti-Kickback Statute (AKS), another major federal law that governs financial arrangements in healthcare. While both aim to prevent fraud and abuse, he explains how they differ in scope, intent, and enforcement mechanisms.
The article also covers the serious consequences of Stark Law violations, including substantial fines, Medicare exclusions, and False Claims Act (FCA) liability. To illustrate these risks, Lawrence presents real-world examples of common Stark Law violations that have led to enforcement actions.
Importantly, Lawrence reminds readers that compliance obligations don’t end at the federal level. He highlights the need to distinguish the federal Stark Law from state-level equivalents, which can vary significantly.
In closing, Lawrence offers practical, actionable advice for providers who may be facing an investigation. He urges, “It is strongly advised that upon being notified that you are being investigated for possible Stark or False Claim Act violations, you consult with an experienced health law attorney as soon as possible.”
Read the article HERE.
Senior Counsel
