CMS Proposal Creates Self-Referral Exceptions

The 2016 proposed physician fee schedule rule would create new exceptions under the physician self-referral law, also known as the Stark law, in addition to easing compliance burdens.

For example, the Centers for Medicare & Medicaid Services proposed rule (CMS-1631-P, RIN 0938-AS40), released July 8, would cover hospital, federally qualified health center (FQHC) and rural health clinic (RHC) payments made to physicians to help subsidize the employment of nonphysician practitioners.

Additionally, the proposed rule would clarify the requirement that arrangements seeking a Stark law exception be set out in writing, noting that the arrangements don’t need to be documented through ...