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Florida Stark Law Attorneys

Medical practices that provide treatment for Medicare and Medicaid patients need to comply with very stringent regulations and rules, also known as Stark Law. Violating these rules may incur severe penalties, which could potentially put a medical practice at risk. For this reason, doctors should consult experienced Florida Stark Law attorneys to ensure their procedures comply with federal and state requirements.

Stark Law and Medicare/Medicaid

Stark Law, also known as the Federal Physician Self-Referral Law, applies to any referrals a doctor makes to Medicare and Medicaid patients. The law governs patient referrals for certain health services and prevents a doctor from referring patients to facilities where he or she holds a financial interest. In Palm Beach County, including, Boca Raton, Wellington, Jupiter, Palm Beach and West Palm Beach, Stark Law attorneys can advise you on the specific conditions pertaining to your practice.

Stark Law on Federal and State Levels

Florida doctors must comply with federal Stark as well as Florida healthcare laws. Under Florida’s Patient Self-Referral Act, a patient cannot be referred to a facility where the physician holds an ownership interest.(1) Some of the designated health services that apply under federal and Florida state laws include clinical lab services, physical and occupational therapy services and radiology services.(2) Healthcare providers must be complaint with all aspects of state and federal healthcare laws. These laws govern patient reimbursements, fee splitting, employment agreements and the types of ancillary businesses healthcare providers can own.

Ensure Compliance with Stark Law

Stark Law provides exceptions to the requirements on patient referrals for designated health services. Physicians in a group practice who provide a full range of services for patient care may qualify.(3) In Palm Beach County, Stark Law lawyers can provide legal advice to help you comply with the many complex requirements under state and federal Stark Law.

Penalties for Stark Law Violations

The Stark Law includes serious penalties for violations:(4)

  • Reimbursement requests through Medicare and Medicaid may be denied

  • Doctors may also be required to reimburse the Medicaid or Medicare programs for services later found to be in violation of the Stark Law

  • A penalty of up to $15,000 may be assessed for each service found to be in violation, while penalties of up to $100,000 can be assessed for each arrangement found in violation of Stark Law

  • Criminal Penalties

Our Florida Stark Law attorneys in Palm Beach County can provide representation if your practice is accused of Stark Law violations and offer legal advice to help your practice comply with the requirements for Medicare and Medicaid patient referrals and other Stark Law provisions and requirements.

1-Centers for Medicare & Medicaid Services, Physician Self-Referral Overview:
http://www.cms.gov/PhysicianSelfReferral/
2-Health Law Section, The Florida Bar Ad Hoc Legislation Committee:
http://www.flabarhls.org/index.php/library/doc_view/102-health-law-section-the-florida-bar-ad-hoc-legislation-committee-final-report-
3-2010 Florida Statutes, Section 456.053:
http://www.leg.state.fl.us/statutes/index.cfm?mode=View%20Statutes&SubMenu=1&App_mode=Display_Statute&Search_String=456.053&URL=0400-0499/0456/Sections/0456.053.html
4-Limitation on Certain Physician Referrals (Section 1877):
http://www.socialsecurity.gov/OP_Home/ssact/title18./1877.htm
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Florida 561-653-0008 California 213-377-5200
* Cathleen Scott is licensed to practice in Florida only.

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