tci Medicare Compliance & Reimbursement - 2021 Issue Q3

Reader Questions: Know the Facts on Stark Law Advisory Opinion Requests

Question: Does the HHS Office of Inspector General (OIG) issue advisory opinions on the Stark Law? Would I submit a request for an advisory opinion there? New York Subscriber Answer: No, OIG focuses on the Anti-Kickback Statute — not the Stark Law. “Opinions about the Stark law (section 1877 of the Social Security Act; also known as the ‘physician self-referral law’) come within the jurisdiction of the Centers for Medicare & Medicaid Services (CMS),” according to an OIG frequently asked question (FAQ) on advisory opinions. “The Stark law and the Anti-Kickback Statute are separate...

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