Jason Caron, Jason Christ Article on Stark Law Published in Imaging Economics

Imaging Economics

Jason Caron and Jason Christ, Associates in the Washington, DC, office, wrote an article about the Stark Law, titled "The Stark Reality."

Following is an excerpt:

On November 2, 2010, the Centers for Medicare and Medicaid Services (CMS) issued its prerelease of the final 2011 Physician Fee Schedule (the "Rule"). Significantly, among its revisions are the regulations implementing Section 6003 of the Patient Protection and Affordable Care Act (PPACA) concerning the physician self-referral provisions of Section 1877 of the Social Security Act, commonly known as the "Stark Law." Specifically, the Rule sets forth the disclosure requirement for certain imaging services provided under the umbrella of the In-Office Ancillary Services Exception to the Stark Law.

In sum, many physician practices that also provide positron emission tomography (PET), CT, and MRI will need to disclose, in writing, to patients that they can receive the same services from other providers. This new disclosure requirement took effect on January 1, 2011—1 year later than the potentially retroactive effective date of January 1, 2010, specified in PPACA.