{"id":355797,"date":"2018-09-05T17:09:30","date_gmt":"2018-09-05T22:09:30","guid":{"rendered":"https:\/\/ability-fl-prod.internetbrands.com\/ability-law\/healthcare\/medicare-medicaid\/the-stark-law-and-doctor-referrals.html"},"modified":"2026-08-19T08:15:00","modified_gmt":"2026-08-19T13:15:00","slug":"the-stark-law-and-doctor-referrals","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/healthcare\/medicare-medicaid\/the-stark-law-and-doctor-referrals.html","title":{"rendered":"Healthcare Conflicts of Interest: The Stark Law and Doctor Referrals"},"content":{"rendered":"\n
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Healthcare Conflicts of Interest: The Stark Law and Doctor Referrals<\/h1>\n\n
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\n By Melissa McCall, J.D.<\/a> | Legally reviewed by Susan Mills Richmond, Esq.<\/a>\n | Last updated\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n\n\n

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Key Takeaways<\/h2>\n
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The Stark Law bars physicians from referring patients to certain health care services when they or their immediate family members have a financial interest in those services. Hospitals and other providers cannot bill Medicare or Medicaid for prohibited self\u2011referrals, even when no intent to defraud exists. Alongside the Anti\u2011Kickback Statute and the False Claims Act, the Stark Law is a key federal safeguard against conflicts of interest in patient care.<\/p>\n<\/div>\n<\/div>\n<\/div>\n\n <\/div>\n <\/div>\n<\/div>\n\n\n

The\u00a0Stark\u00a0Law, or the Physician Self-Referral Law, is a collection of federal\u00a0anti-fraud\u00a0regulations prohibiting physicians from engaging in self-referrals.\u00a0The Stark Law<\/a>\u00a0prohibits hospitals and other healthcare entities from billing Medicare or Medicaid for some services referred by doctors under certain circumstances.\u00a0<\/p>\n

It is one of several\u00a0federal laws\u00a0designed to\u00a0deter abuse of federal health care programs, including the Anti-Kickback Statute (AKS) and the\u00a0False Claims Act<\/a> (FCA). Keep reading to learn more. You can also bring your questions to a local healthcare attorney<\/a> for targeted legal advice.<\/p>\n

Stark Law: Background and History<\/h2>\n

The history of the Stark Law goes back to 1988.\u00a0Peter Stark first proposed legislation to regulate physician self-referrals. Parts of that original bill addressing Medicare laboratory fraud were\u00a0codified into law at\u00a042 U.S.C. 1395nn<\/a>. (Section 1877 of the Social Security Act).\u00a0<\/p>\n

Congress expanded the Stark Law in the Omnibus Budget Reconciliation Act of 1993 to include Medicaid and designated health services other than clinical laboratories.<\/p>\n

The\u00a0Centers for Medicare & Medicaid Services<\/a> (CMS) has expanded the Stark Law through final rulemaking.<\/span><\/p>\n

Understanding the Stark Law<\/h2>\n

The Stark Law is a\u00a0strict liability\u00a0federal law<\/a> that regulates physician self-referral. This means this law does not require specific intent to defraud the federal government. Physician self-referral occurs when the following two things\u00a0occur:<\/p>\n