Stark Law for Dummies: Compliance for Your Chiro Credit Practice Posted on Sep 11, 2023

Stark Law for Dummies: Compliance for Your Chiro Credit Practice

Image of chiropractor on our chiro credit blog postCCEDseminars | Your Premiere Destination For Chiro Credit Education!In the dynamic landscape of chiropractic care, understanding and staying in compliance with legal standards, including the Stark law, holds paramount importance. For those navigating the world of chiro credit education, CCEDseminars & and Dr. Ty Talcott, shed light on the crucial aspects of Stark law compliance to safeguard your practice.

Compliance Program and Its Relevance

Before opting for an off-the-shelf compliance program, ensure it caters to your specific needs and the scale of your practice. Such programs can be stringent, requiring unwavering adherence to all stipulations, including setting up anonymous complaint lines for employees. The failure to adhere to these requirements can be even more detrimental than not having a compliance program.

Deciphering Stark Law and Its Applicability

The Stark law, officially known as the Ethics in Patient Referrals Act, was proposed by Rep. Fortney Hillman "Pete" Stark, Jr. It predominantly governs self-referrals, particularly concerning federal entitlement programs such as Medicare and Medicaid. If your practice doesn’t engage with these programs, Stark law violations aren't a direct concern. However, be mindful of state laws which sometimes parallel or even exceed Stark law in their strictness.

Designated Health Services (DHSs)

The Stark law closely monitors referrals made for 11 specified health services, including physical therapy and radiology. Knowledge of the precise definitions of these DHSs, available through the CMS code list, is pivotal. Leveraging a government-approved exception can sometimes be a safe harbor for practices utilizing specific DHSs.

Understanding Anti-Kickback Statute

While Stark law results in monetary penalties, anti-kickback violations can entail both financial repercussions and imprisonment. The anti-kickback statute has a closer alignment with referrals, hence a Stark law analysis should be your first step before delving into a transaction analysis under the anti-kickback law.

The Realm of Exceptions

The Stark law includes numerous exceptions that dictate the lawful practices within referrals, especially regarding immediate family members. It prohibits referrals to entities in which the doctor, or a close relative, has a financial interest, aiming to maintain the sanctity of patient referrals by avoiding conflicts of interest.

Essential Tips for Practicing Chiropractors

It is essential for chiropractors to discern the applicability of Stark law in their practice. Implementing a proactive compliance program, even when Stark law doesn't directly implicate, could be a prudent strategy to forestall potential future issues.

Consult Professional Advice

Navigating through the complex waters of Stark law demands expert guidance. Click HERE for more information.

DISCLAIMER: This article is for educational purposes and does not constitute legal advice. No attorney-client relationship is established hereby.

Imbibe these ‘Stark law for dummies’ tips to fortify your practice’s compliance program, ensuring a transparent, lawful practice that stands robust in the face of scrutiny while securing your Chiro credit business.

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