New IPPS Proposed Rule addresses Stark Law issue

Numerous proposals and discussions regarding the Stark Law are included in the Inpatient Prospective Payment System (IPPS) Proposed Rule that CMS released April 14, 2008.

An analysis of the Stark Law-related items covered in the IPPS Proposed Rule was published by law firm McDermott Will & Emery and highlights the following items that CMS addresses:

• Proposed revisions of the Phase III “Stand in the Shoes” (SITS) provisions for physician organizations and expansion of SITS to DHS entities
• Period of disallowance for non-compliant arrangements
• Gainsharing exception proposal
• Physician-owned implant and medical device companies
• Financial relationships between hospitals and physicians

The full content of the McDermott Will & Emery article can be viewed here.

Public comments on the IPPS Proposed Rule must be submitted to CMS by June 13, 2008. Click here for a copy of the proposed rule that includes instructions on how to submit comments.