Healthcare providers continue to face compliance risks under the Stark Law, particularly when arrangements that appear routine fail to satisfy specific regulatory requirements. Common areas of concern include outside testing arrangements, physician compensation tied to referrals, practice acquisitions, annual compensation limits, and the mistaken assumption that compliance with a Stark Law exception also protects an arrangement under the federal Anti-Kickback Statute (AKS).
An article for Becker’s ASC Review references Tina Segreto’s analysis of updated guidance from the U.S. Department of Health and Human Services Office of Inspector General (OIG). Segreto explains that fair market value alone does not insulate an arrangement from AKS liability and that satisfying a Stark Law exception does not necessarily mean the same arrangement complies with the AKS. Healthcare providers should therefore evaluate financial and referral arrangements under both laws, including the underlying purpose and commercial reasonableness of the arrangement.
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