decisionhealth Newsletters, Answer Books - 2009 Issue 3 (March)
Advisory Opinion Procedures / Stark Advisory Opinion Procedures / CMS's Right to Rescind Opinions
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Article Overview
This short compliance-focused article covers CMS Stark advisory opinion procedures, with emphasis on CMS’s ability to reconsider or rescind an opinion and the general circumstances under which enforcement action may be avoided after good-faith reliance. It is relevant to healthcare providers, compliance staff, legal counsel, and revenue cycle professionals who work with Stark Law advisory opinions and related CMS guidance.
Why This Topic Matters
Understanding how CMS may change or withdraw an advisory opinion helps organizations gauge the stability of prior guidance and manage compliance risk when arrangements are built around that guidance.
What You Will Learn
- How CMS may revisit or withdraw an advisory opinion
- What general protections are described for good-faith reliance on an advisory opinion
- Why accurate fact submission matters in the advisory opinion process
- How rescission or revocation can affect ongoing arrangements
Who Should Read This
- Healthcare compliance professionals
- Healthcare attorneys
- Physician practice administrators
- Hospital and health system compliance teams
- Revenue cycle professionals
Code Ranges Discussed
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