Lexology May 3, 2023
The federal prohibitions on self-referrals and kickbacks, known as the Stark Law and Anti-Kickback Statute (“AKS”), have received new changes for calendar year (“CY”) 2023. Significant among the changes are (1) a new Stark Law exception and AKS safe harbor for healthcare entities offering mental health programs to physicians, and (2) updated disclosure protocols for physician practices who failed to qualify as “group practices” as defined under the Stark Law.
Stark Law Exception for Physician-Focused Mental Health Programs
Section 4126 of the 2023 Consolidated Appropriations Act (P.L. No: 117-328) introduced a new Stark Law exception and AKS safe harbor for physician wellness programs. Under the exception and safe harbor, healthcare entities are allowed to provide certain mental and behavioral health...
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