Laws and Regulations | Stark v. Antikickback

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Stark v. Antikickback

Posted by: Karin Larson-Pollock on November 8, 2009 at 4:20PM EST

What are the two major differences between Antikickback Statute and the Ethics in Patient Referrals Act (a.k.a. "Stark")?

(answer: Stark 1) applies only to physicians and 2) can be per se (no proof of knowingly or willfully comitting is required) while Antikickback can apply to anyone, but proof is needed that the defendent committed this "knowingly and willfully.")

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(2) Comments

Posted by: Richard Narad on November 8, 2009 5:27PM EST

Stark is also limited to specific services.

/Rick

Posted by: Pamela Tahan on November 8, 2009 7:27PM EST

Just to comment on the answer above... Stark deals with referrals and physicians, but is not limited to physician liability. Health care organizations may violate the Stark Law if they pay a physician for referrals.