AHLA The Stark Law: Comprehensive Analysis and Practical Guide (AHLA Members)
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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.
Table of contents
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
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