AHLA The Stark Law: Comprehensive Analysis and Practical Guide (AHLA Members)
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This completely updated, revised, and significantly expanded new edition of The Stark Law: Comprehensive Analysis and Practical Guide is not just a summary of the law. It remains an in-depth critical analysis of Stark Law authority, interpretation, and enforcement. Sharing a wealth of insight, the authors provide an analytic overview to assessing Stark Law compliance questions, before addressing the legal effect of the regulations and the regulatory process, and analyzing the implications of various federal cases and enforcement activity. Throughout the book, they include practical guidance for advising clients on complying with the current state of the law and regulations, as well as a look at what future direction the law might take. The authors highlight themes that emerge in the regulations, identify key definitions and interpretive changes, illuminate problem areas, and suggest guidance for navigating each of them.
New developments on fundamental issues are addressed in this Seventh Edition, including commercial reasonableness, taking into account the volume or value of referrals or other business generated, and fair market value. The authors expand their analysis on recent areas of focus, including two new chapters on curing temporary noncompliance and new exceptions for value-based arrangements.
Continuing areas of concern are also considered in detail, with the benefit of updated analysis. The authors address physician recruitment concerns and detail the evolution in CMS’s view of the acceptability of percentage-based compensation, the continuing debate over specialty hospitals, and the viability of gainsharing and clinical co-management arrangements. Other coverage in this concise and comprehensive work includes models for Stark-compliant physician joint ventures, group practices and their applicable exceptions, developments in the area of self-disclosure, and more.
The ISBN for the 6th Edition was 9781522170310.
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Published November, 2021
Table of contents
Recent Titles from American Health Law Association
About the Authors
About the American Health Law Association
Chapter 1 Introduction and Background
Chapter 2 Overview of Analytic Framework and Key Themes
Chapter 3 Key Definitions and Interpretations
Chapter 4 Temporary Noncompliance and Curing Imperfect Performance
Chapter 5 Ongoing Challenges and Recurring Questions
Chapter 6 Analysis of Group Practices
Chapter 7 Value-Based Arrangements and Care Coordination
Chapter 8 Permissible Joint Ventures
Chapter 9 Addressing Potential Violations and Current Enforcement Activity
Chapter 10 Proposed Solutions to "Intractable" Stark Problems
Chapter 11 Practical Tips for Preventing Violations
Chapter 12 The Future of the Stark Law
Appendix A: Prohibitions on Self-Referral by State