Lexology November 22, 2024
Day Pitney LLP

The term “group practice” is used to refer to a group of physicians and other medical practitioners working together in one office. However, under the federal Stark Law, the term “group practice” carries a specific legal definition. The Stark Law, originally enacted in 1989, prohibits physicians from referring Medicare or Medicaid patients for certain designated health services[1] to entities in which the physicians have a financial interest, unless an exception applies.[2] Over time, the Stark Law has evolved into a highly complex regulatory framework that imposes strict liability, meaning intent to violate the law is not required for liability.[3] As Fourth Circuit Judge Wynn wrote in 2015:

It seems as if, even for well-intentioned health care providers, the Stark...

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