decisionhealth Newsletters, Part B News - 2021 Issue 8 (August)
New CMS opinion hints that buying ‘subsidiary’ practices OK under Stark exception
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Article Overview
This article covers a recent CMS advisory opinion involving physician practice ownership of subsidiary entities and how that arrangement is viewed under Stark Law’s in-office ancillary exception. It also discusses why CMS advisory opinions matter, how rare they are, and how compliance and health care transaction professionals may interpret the guidance in the context of practice acquisitions and health care M&A.
Why This Topic Matters
The piece is relevant to physicians, practice executives, compliance teams, health care attorneys, and M&A advisors evaluating whether certain ownership and organizational structures may fit within Stark-related exceptions. It matters because CMS advisory opinions can influence provider behavior even though they are limited to the facts of the request.
What You Will Learn
- How a CMS advisory opinion can inform understanding of Stark-related practice ownership structures
- Why CMS advisory opinions are uncommon and how they differ from OIG advisory opinions
- Why the guidance may matter for physician practices, health systems, and health care acquisition activity
- What kinds of compliance and organizational issues professionals are discussing in response to the opinion
Who Should Read This
- Physicians
- Practice administrators
- Health care compliance professionals
- Health care attorneys
- Medical group executives
- Health care M&A advisors
Codes Discussed
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