AHLA The Stark Law: Comprehensive Analysis and Practical Guide (AHLA Members)
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This completely updated, revised, and expanded new edition of The Stark Law: Comprehensive Analysis + Practical Guide addresses the legal effect of final Stark regulations, which completes the formal rule-making process. Written by Charles B. Oppenheim, a leading expert in the interpretation and application of Stark law, this publication provides practical guidance for advising clients on complying with the current iteration of the regulations, as well as a look at what future direction the Stark regimen might take.
- A discussion of key themes that emerge in the regulations, including the tempering of the previous trend of broadening exceptions for compensation arrangements
- Identification of important definitions and interpretive changes, discussion of remaining problem areas, and guidance for navigating each of them
- Analysis of group practices and the exceptions applicable to them, as well as the recent guidance from CMS concerning the period of disallowance for referrals and claims, and analysis addressing the final rule
- Impact on the physician practice world including issues relating to physician recruitment, specialty hospitals, gain-sharing arrangements, and Stark-compliant physician joint ventures
Table of Contents
1 Introduction and Background
2 Key Themes in the Stark Law and Regulations
3 Key Definitions and Interpretations
4 Remaining Problem Areas
5 Analysis of Group Practices
6 Permissible Joint Ventures and ACOs
7 Addressing Potential Violations
8 Proposed Solutions to "Intractable" Stark Problems
9 Preventing Violations/Practical Tips
10 The Future of the Stark Law
Appendix - Prohibitions on Self-Referral by State