News & Publications

Advanced Stark in Action: Analyzing Hypotheticals to Identify and Address Risks, in Journal of Health & Life Sciences Law

David Matyas, a Member of the Firm in Health Care and Life Sciences practice, in the Washington, DC, office, coauthored an article titled "Advanced Stark in Action: Analyzing Hypotheticals to Identify and Address Risks."

Following is an abstract:

On March 28 through 30, 2012, the American Health Lawyers Association presented its annual Institute on Medicare and Medicaid Payment Issues in Baltimore Maryland. Veteran attorneys S. Craig Holden and David Matyas co-presented an extended session on "Advanced Stark" issues.

The presenters reviewed the impact of the Patient Protection and Affordable Care Act and subsequent agency action on voluntary disclosures under Stark, including practical analysis and a discussion of scenarios highlighting factors and exceptions to consider when evaluating whether and how to self-disclose. Next, Mr. Holden and Mr. Matyas explored valuation issues in the wake of U.S. ex rel Singh v. Bradford Regional Medical Center. Other hypothetical scenarios facilitated discussions of physician employment, limits on physician-owned hospitals, and the intersection between Stark and accountable care. Finally, the presenters shared their perspectives on questions posed by session attendees.

To access a recording of this candid discussion synchronized to the presenters' slide presentation, visit