On September 5, 2007, the long-awaited Stark II, Phase III final rules were published by the Centers for Medicare & Medicaid Services (CMS). The Phase III final rules impact countless aspects of the existing Stark regulations. On September 28, 2007 Foley hosted “CMS Releases Stark II, Phase III Rules” Web conference. Foley partner Charles B. Oppenheim covered some of the key changes such as:
- Physician recruitment rules
- Scaled back “indirect compensation arrangement” concept
- The “standing in the shoes” treatment of physicians, which now requires arrangements with physician organizations to meet a direct Stark exception
- The elimination of the “safe harbor” for determining hourly fair market value compensation for physicians
- The added six-month holdover concept to the personal services arrangement exception
- Ability of parties to cure non-monetary compensation in excess of the annual limit, in certain cases, if the physician repays the excess compensation to the entity
Related Insights
24 April 2025
Foley Viewpoints
Prop 65: Changes to Short-Form Warnings Will Cause Long-Term Impacts
The California Office of Environmental Health Hazard Assessment recently amended its regulations concerning requirements for consumer product warnings to qualify for “safe harbor” protection from enforcement actions brought under the Safe Drinking Water and Toxic Enforcement Act of 1986, commonly known as Proposition 65.
24 April 2025
Tariff & International Trade Resource
What Every Multinational Company Should Know About … Customs Enforcement and False Claims Act Risks (Part II)
As detailed in Part I of our three-part series on Minimizing Customs Enforcement and False Claims Act Risks, the combination of the new high-tariff environment, the heightened ability of Customs (and the general public) to data mine, and the Department of Justice’s stated focus on using the False Claims Act substantially increases import-related risks.
24 July 2025
Events
ACI's Inaugural Summit on GLP-1 Law & Policy
Foley partner Kyle Faget, co-chair of the firm’s Medical Devices Area of Focus, is speaking in American Conference Institute’s Inaugural Summit on GLP-1 Law & Policy on July 24.