Main Functions : Stark Law

Stark Law

Stark Law (also known as the Physician Self-Referral Statute) restricts physicians from making referrals in which physicians have an ownership, involvement, or vested interest in a certain entity, unless an exception applies.

  • The Stark Law is a strict liability law which means intent to violate the law is not required to be found guilty.
  • Physicians who violate the law may be subject to monetary penalties as well as exclusion from participation in Federal healthcare programs.
  • Physicians should refer patients to the provider that can best meet the patient’s medical needs.

To determine a possible Stark violation, ask yourself these three questions:

  1. Is there a referral from a physician for a designated health service (DHS)?
  2. Does the physician (or an immediate family member) have a financial relationship with the entity providing the DHS?
  3. Does the financial relationship fit in an exception?

Our patients deserve our best clinical judgment.

Anti-Kickback and Stark Law Comparison Chart

Please click here to view a Anti-Kickback Statute and Stark Law comparison chart.