{"id":355797,"date":"2018-09-05T17:09:30","date_gmt":"2018-09-05T22:09:30","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/healthcare\/medicare-medicaid\/the-stark-law-and-doctor-referrals.html"},"modified":"2024-04-01T08:15:10","modified_gmt":"2024-04-01T13:15:10","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":"The Stark Law and Doctor Referrals"},"content":{"rendered":"\n
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The Stark Law and Doctor Referrals<\/h1>\n
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\n By Melissa McCall, J.D.<\/a> | Legally reviewed by Susan Mills Richmond, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\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

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

It is one of several federal laws<\/a> designed to deter abuse of federal health care programs<\/a>, including the Anti-Kickback Statute (AKS) and the False Claims Act<\/a> (FCA).<\/p>\r\n

Stark Law History<\/h2>\r\n

The history of the Stark Law goes back to 1988. Peter Stark first proposed legislation to regulate physician self-referrals. Parts of that original bill addressing Medicare laboratory fraud were codified into law at 42 U.S.C. 1395nn<\/a>. (Section 1877 of the Social Security Act). <\/p>\r\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>\r\n

The Centers for Medicare & Medicaid Services<\/a> (CMS) have expanded the Stark law through final rulemaking and promulgating final rules.<\/p>\r\n

Understanding the Stark Law<\/h2>\r\n

The Stark Law is a strict liability<\/a> federal law 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 occur:<\/p>\r\n