1 Introduction and Background
2 Key Themes in the Stark Regulations
3 Key Definitions and Interpretations
4 Remaining Problem Areas
5 Analysis of Group Practices
6 Permissible Joint Ventures
7 Addressing Past Violations/Enforcement
8 Proposed Solution to "Intractable" Stark Problems
9 The Future: Stark II, Phase IV Regulations --- and Stark III?
This completely updated, revised, and expanded new edition of the Stark Final Regulations monograph addresses the legal effect of Phase III of the "Final" regulations, which completes the formal rule-making process. Written by Charles B. Oppenheim, Esq. a leading expert in the interpretation and application of Stark law, this publication provides practical guidance for advising clients on complying with the current iteration of the regulations, as well as a look at what future direction the Stark regimen might take.
**Please note:** This publication comes with a supplement that addresses the final IPPS regulations and brings the publication up-to-date.
• A discussion of key themes that emerge in the regulations, including the tempering of the previous trend of broadening exceptions for compensation arrangements
• Identification of important definitions and interpretive changes, discussion of remaining problem areas, and guidance for navigating each of them
• Analysis of group practices and the exceptions applicable to them, as well as the recent guidance from CMS in the 2009 IPPS Proposed Rule concerning the period of disallowance for referrals and claims, and analysis addressing the final rule
• Impact on the physician practice world including issues relating to physician recruitment, specialty hospitals, gain-sharing arrangements, and Stark-compliant physician joint ventures
ABOUT THE AUTHOR:
Charles B. Oppenheim, Esquire, is a partner in the Los Angeles, CA, office of Foley Lardner LLP. He serves as Co-Chair of the Health Care Payments, Compliance & Government Programs Group. As a member of the firm's Health Care Industry Team, his practice includes all aspects of transactional, operational, and regulatory healthcare law, including acquisitions, joint ventures, and integrated delivery systems. With a focus on fraud and abuse issues, he provides counseling on the anti-kickback and Stark laws, creates and implements compliance programs, investigates compliance issues, responds to government enforcement actions, and negotiates settlements for many types of healthcare providers. Mr. Oppenheim is a nationally recognized expert on Stark law issues, and has served as an expert on the Stark law and anti-kickback laws in arbitration and litigation, in both civil and criminal proceedings. He is a frequent lecturer on Stark law developments, as well as other healthcare law subjects. Mr. Oppenheim is a graduate of Fordham University School of Law (J.D.,1988), where he was a member of the Fordham Law Review, and Cornell University (B.A.,1984). He was admitted to the California Bar in 1988.