Stark Analysis Definition

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When conducting a Stark analysis it is essential to have a knowledge of the bellow listed definitions. A physician under Stark means a doctor of medicine or osteopathy, a doctor of dental surgery or dental medicine, a doctor of podiatric medicine, a doctor of optometry, or a chiropractor. A referral means: any request, in any form, by a Physician, for a DHS for which payment may be made under Medicare Part B; a request for a consultation with another Physician and any test arising out of that consultation; and the establishment of a plan of care that includes a DHS. Designated Health Services means: (1) Clinical Laboratory Services (Covered by the 1989 enactment); (2) Physical therapy; (3) Occupational therapy; (4) Outpatient speech-language pathology services; (5) Radiology and certain imaging services; (6) Radiation therapy services and supplies; (7) Durable medical equipment and supplies; (8) Parenteral and enteral nutrients, equipment, …show more content…
Under the Stark statue a financial relationship exists between the physician and the entity if: (1) there is an ownership interest; (2) an investment interest; or (3) a compensation arrangement between the physician (or an immediate family member) and the entity. The regulations further state that a financial relationship, with respect to ownership, investment, or compensation may be direct or indirect. A direct financial relationship exists if “remuneration passes between the referring physician (or a member of his or her immediate family) and the entity furnishing DHS without any intervening persons or entities between the entity furnishing DHS and the referring physician (or an immediate family member).” A physician is said to have a direct compensation arrangement with an entity if the only intervening entity is his or her physician

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