Albany partner John D’Andrea was quoted in the Report on Medicare Compliance in an article titled, “Proposed Rule Has New Stark Exceptions, Eases Some Technical Requirements.”
The article discussed the CMS proposals for the 2016 Medicare physician fee schedule regulation. If these proposals are finalized, hospitals’ compliance would not be in jeopardy due to certain technical violations, such as expired agreements. CMS also proposed a new Stark exception that would add exceptions for time-sharing arrangements and recruitment incentives for nonphysician practitioners.
John commented on the meaning behind these proposals. “It’s clear they are trying to simplify and reduce the amount of self-disclosures they have on their docket and focus on issues where there really is fraud and abuse,” he said.
John also said that some of the proposed changes would reduce the hospitals’ and physicians’ vulnerability for procedural error violations.