Does Stark law apply to physical therapists?

There is a federal law that prohibits physicians from referring Medicare patients to entities in which they have a financial interest—a practice known as “self-referral.” However, this law — known as the Stark law—also includes a loophole that excludes physical therapy services from this important patient protection.

Does Stark apply to employed physicians?

Under the federal Stark law, hospitals and other healthcare employers may require that employed or contracted physicians refer items or services to the hospital or another designated provider subject to certain limits.

Who owns doctors of physical therapy?

Aaron N. Kraai – Founder & CEO – Doctors of Physical Therapy | LinkedIn.

What are exceptions to the Stark law?

For example, the following exceptions to the Stark Law require a written, signed agreement: office space and equipment rental, personal service arrangements, physician recruitment arrangements, group practice arrangements, and fair market value compensation arrangements.

Does Stark Law apply to physician assistants?

The Stark statute pertains only to physician referrals under Medicare and Medicaid (“physicians” includes chiropractors and dentists but not midlevel providers, such as nurse practitioners and physician assistants); the anti-kickback statute is far broader and affects anyone engaging in business with a federal health …

Who is a physician under Stark?

Who qualifies as a “physician” subject to Stark? The Phase I final regulations define “physician” as a doctor of medicine or osteopathy, a doctor of dental surgery or dental medicine, a doctor of podiatric medicine, a doctor of optometry, or a chiropractor.

What type of clients does the federal Stark Law prohibit a physician from referring to a health care provider if a financial relationship exists?

The Physician Self-Referral Law, commonly referred to as the Stark law, prohibits physicians from referring patients to receive “designated health services” payable by Medicare or Medicaid from entities with which the physician or an immediate family member has a financial relationship, unless an exception applies.

Who is subject to Stark Law?

The Stark statute applies only to physicians who refer Medicare and Medicaid patients for designated health services to entities with which they (or an immediate family member) have a financial relationship. There are almost 20 exceptions to the Stark statute.

Does Stark apply to dentists?

The Stark Law applies to a wide range of medical professionals, including dentists. If a Miami dentist receives a direct or indirect benefit for referring a Medicare or Medicaid patient to another medical professional, they could be charged with a Stark Law violation.

How does Stark Law define physician?

What are the Stark laws?

The Stark Law prohibits medical physicians from referring clients to other clinics or hospitals in which they have a financial interest. This is a strict liability statute, meaning that there is no need to show that the physician acted intentionally or with knowledge in order to hold them liable.

What is a Stark Law violation?

Stark Law Violations. Stark is a strict liability law. This means that a physician can violate it without intentionally meaning to do so. Nevertheless, compliance is mandatory, and penalties can apply to the physician or designated health services provider who makes or benefits from a prohibited referral.

What is the definition of Stark Law?

Stark Law is a set of United States federal laws that prohibit physician self-referral, specifically a referral by a physician of a Medicare or Medicaid patient to an entity providing designated health services (” DHS “) if the physician (or an immediate family member) has a financial relationship with that entity.

What is the Stark rule?

Stark Law: Understanding the Rule. Stark Law is a “conflict of interest” statute which does not prohibit a physician from earning a “fee- for- service” ( FFS ) which is to be directly performed by the prescribing physician (or by someone in his office or group practice. ) When a patient simply presents for treatment,…