CMS Considers Changes to Stark Law

The Centers for Medicare and Medicaid Services (CMS) is continuing to examine potential changes to its voluntary self-referral disclosure protocol (SRDP) procedures. CMS initially informed physicians of the idea in June. In July, law firm McGuireWoods provided insight via an article on JDSupra.  

The article outlined how CMS is working to find ways to streamline its self-reporting procedures. Currently, group practices who self-report violations of Stark Law can choose to fill out individual physician information forms for each physician included, leading to lengthy reports that become time consuming to review.  

“The voluntary protocol is a way to resolve technical violations under the physician self-referral law by submitting information to CMS about prohibited conduct,” a July 15th article by Patsy Newitt of Becker’s explained. “The change would limit the required disclosure information to a single form per disclosure instead of separate forms for each physician involved in a group practice.”  

CMS tends to settle self-reported (SRDP) violations for significantly less than the related financial penalty. As a result, many opt to file themselves, thus adding to the sizable backlog. 

“Shorter and more concise physician information forms for group practice submissions may reduce the burden on group practices preparing disclosures and on CMS’ investigatory process,” JDSupra’s article states. 

There is currently no timetable as to when changes may be finalized, as the period for public comment closed on August 8th.