Lexology January 19, 2021
This Commentary is part of a series of nine Commentaries on the newly finalized Stark Law and Anti-Kickback Statute exceptions and safe harbors seeking to remove regulatory barriers to care coordination.
In Short
The Situation: Under the federal Physician Self-Referral Law (“Stark Law”), many physician arrangements must meet one or more of the so-called “big three” requirements: that the arrangement be “commercially reasonable,” that the amounts paid not be based on the “volume or value of referrals or other business generated for a party,” and that the amounts paid be consistent with “fair market value” (“FMV”). These three terms are used throughout the Stark Law regulations and appear in many of the Stark Law exceptions, but there has been long-standing...