Stark and Anti Kickback Act
On August 1, 2006, Health and Human Services (HHS) Secretary Mike Leavitt announced final regulations establishing rules intended to support physician adoption of electronic prescribing and electronic health records. The rules issued by HHS Centers for Medicare and Medicaid Services creates two new exceptions in the Physician Self-referral Law, also known as the Stark law, and two new safe harbors in the federal anti-kickback statute that protect certain arrangements involving the donation of some forms of electronic health information technology and services to doctors and other designated healthcare providers. The rules are effective on October 10, 2006.
A Legal and Comparative Analysis of Stark and Anti-Kickback Regulations Available for HIMSS Members
For hospitals and physician practices considering establishing a collaborative relationship for donations of healthcare information technology, use the attached slides to help facilitate a decision. Designed as a general resource for the executive audience, supplement this general presentation with your organization-specific information to expedite the understanding of the legal issues, coupled with tools and resources to help faciliate a decision.
Latest News:
New Presentation Added on EHR Technology Donation Under Stark, Tax Rules
HIMSS recently addded "EHR Technology Donation Under the Stark Anti-Kickback and Tax Rules April 2009," a presentation that provides an update to EHR Technology Donation under the Stark, Anti-Kickback and Tax Rules. Its objectives are to addresss questions about EHR, e-prescribing donation rules, and to clarify what may be included as covered technology. It also addresses documentation and problems with cost sharing and physician contribution requirements.