What is the difference between Anti-Kickback Statute and Stark Law?

Important Differences Source of Prohibited Referrals: Whereas the Stark Law only pertains to referrals from physicians, the Anti-Kickback Statute applies to referrals from anyone. The Anti-Kickback Statute provides for criminal punishment in addition to civil sanctions.

What is Stark Law and Anti-Kickback Statute?

The Anti-Kickback Statute and Stark Law prohibit medical providers from paying or receiving kickbacks, remuneration, or anything of value in exchange for referrals of patients who will receive treatment paid for by government healthcare programs such as Medicare and Medicaid, and from entering into certain kinds of …

What does the Anti-Kickback Statute prohibit?

The AKS is a criminal law that prohibits the knowing and willful payment of “remuneration” to induce or reward patient referrals or the generation of business involving any item or service payable by the Federal health care programs (e.g., drugs, supplies, or health care services for Medicare or Medicaid patients).

What does Stark Law prohibit?

The Physician Self-Referral Law, also known as the “Stark Law,” generally prohibits a physician from making referrals to an entity for certain healthcare services, if the physician has a financial relationship with the entity.

What is a violation of Stark Law?

The Stark Law is a strict liability statute. A violation is a violation, whether intentional, negligent, or inadvertent. While the Stark Law is not a criminal statute, providers who violate it face civil penalties of up to $23,863 per violation and exclusion from participating in federal health care programs.

What is the definition of Stark Law?

Stark Law. What is the Stark Law? The Stark Law is a limitation on certain physician referrals. It prohibits physician referrals of designated health services (“DHS”) for Medicare and Medicaid patients if the physician (or an immediate family member) has a financial relationship with that entity.

What is Stark Law Compliance?

Stark Law compliance is one of the pre-conditions to submission of a bill for payment to Medicare. The government takes the position, a physician is required to certify that he has read, understood, and complied with Stark Law as a condition to admission to the program.

What is a stark statute?

The Stark Statute. Another law, called the Stark Statute, regulates the financial relationship that a physician or other provider can have with companies that sell healthcare items or services. When doctors or other healthcare providers benefit financially from referring patients to a particular hospital or testing center,…