Stark Law Violations-Workplace

Stark Law Violations-Workplace

The Stark law is a strict liability statute. The law does not require proof of specific intent to violate it for any individual to be liable for damages or losses that occur due to their action, even if they did not mean to cause them (Ferry & Medlin, 2022). Due to it being a strict liability statute, any physician knowingly or unknowingly violating the Stark Law risks encountering severe financial penalties with a risk of being suspended from all federal healthcare payment programs and operations (Weinstein, 2020).

My workplace has policies and standards to prevent violations of the Stark Law and for reporting violations of the law. Policies for reporting incidents of Stark law violation include requirements for a full explanation of how the law was violated, provision of financial analysis, and what elements were violated. The policies also require me to ensure that I provide my full information when reporting such violations and the physician information involved in the violation reported. The facility’s policies also provide for the designation of a legal representative in case I report a violation of the Stark Law to guide in determining if any violations have been committed as per the law.

 References

Ferry, J. H., & Medlin, L. E. (2022). The Stark Law. Laws of Medicine, 303–311. https://doi.org/10.1007/978-3-031-08162-0_19

Weinstein, M. L. (2020). Stark Law and Anti-Kickback Statute Modernization, Why Now? Clinical Gastroenterology and Hepatology, 18(9), 1909–1912. https://doi.org/10.1016/

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If you believe a physician is in violation of Stark Law, discuss your workplace policy on reporting the violation.

Stark Law Violations-Workplace