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AHLA The Stark Law: Comprehensive Analysis and Practical Guide (Non-Members)

The Stark Law: Comprehensive Analysis + Practical Guide provides practical guidance for advising clients on complying with the Stark regulations.
Publisher: AHLA

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Book :Softbound, 246 pages
6th Edition with 2020 Supplement
ISBN/ISSN: 9781522170327
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6th Edition with 2020 Supplement
ISBN/ISSN: 9781522170341
Release Date: October 15, 2020
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6th Edition with 2020 Supplement
ISBN/ISSN: 9781522170341
Release Date: October 15, 2020
New!
Preorder
Price
$200.00
Best value
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More than a summary of the law, this updated edition of an essential monograph offers in-depth critical analysis of this risky, complex area, as well as a wealth of practice pointers and advice for advising clients.  Written by leading experts in the interpretation and application of Stark Law, the latest edition of The Stark Law: Comprehensive Analysis + Practical Guide analyzes the following topics:

  • The definition of entity
  • Split/shared evaluation and management services
  • Timeshare agreements
  • Valuing goodwill in physician practice acquisitions
  • Joint marketing
  • Fair market value assessments
  • "Stand in the shoes" when contracting with a group
  • When a collection of documents can constitute a written agreement
  • Developments on the signature requirement
  • Revisiting fair market value over the course of a term
  • Liability under The False Claims Act with respect to Medicaid
  • Bankruptcy trustees and Stark Law
  • Updates to the self-referral disclosure protocol

The 2020 supplement covers several recent developments that signal the potential for a more permissive era to come: 

  • The Center for Medicare and Medicaid Services (CMS) issued proposed regulations clarifying the agency’s current interpretations of existing regulations and proposing new exceptions that may ultimately expand the scope of permitted activities. 
  • In the shadow of the COVID-19 pandemic, CMS issued blanket waivers permitting providers to undertake a range of activities that would not have otherwise complied with the Stark Law. 
  • CMS issued further clarification of the blanket waivers, helping to clarify certain issues in the Stark regulations more generally.

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Published December, 2018, with September 2020 Supplement.

Featured Authors

Table of contents

 Preface
Acknowledgments
Recent Titles from the American Health Law Association
About the Authors
About the American Health Law Association


Chapter 1  Introduction and Background
Chapter 2  Key Themes in the Stark Law and Regulations
Chapter 3  Key Definitions and Interpretations
Chapter 4  Remaining Problem Areas
Chapter 5  Analysis of Group Practices
Chapter 6  Permissible Joint Ventures and ACOs
Chapter 7  Addressing Potential Violations
Chapter 8  Proposed Solutions to “Intractable” Stark Problems
Chapter 9  Preventing Violations/Practical Tips
Chapter 10  The Future of the Stark Law
Appendix A:  Chronological Guide to Stark Rulemaking
Appendix B:  Stark Rules Indexed by Topic
Appendix C:  Prohibitions on Self-Referral by State

Practical Analysis of Recent Stark Law Developments:  The 2019 Proposed Rule, COVID-19 Blanket Waivers, and Recent Enforcement Activity

A.  GENERAL INTRODUCTION
B.  2019 PROPOSED RULE
C.  ENFORCEMENT ACTIVITY UPDATES
D.  COVID-19

Appendix 1  Redline of Proposed Stark Regulatory Text

Appendix 2  Blanket Waivers of Section 1877(g) of the Social Security Act Due to Declaration of COVID-19 Outbreak in the United States as a National Emergency

Appendix 3  Explanatory Guidance, March 30, 2020 Blanket Waivers of Section 1877(g) of the Social Security Act

Appendix 4  Summaries of Selected Decisions from the Federal Circuit Courts, January 2018 to June 2020

Appendix 5  Summaries of Selected Decisions from the Federal District Courts, January 2018 to June 2020

Appendix 6  Summaries of Selected Settlements, January 2018 to June 2020

Index