Oppenheim on Changes to Stark

CMS changes to Stark and other fraud & abuse provisions in the proposed 2008 physician fee schedule has left several physicians, hospitals and ancillary groups confused. Charles Oppenheim, a partner in Foley’s Los Angeles office, was quoted in the article, “Stark Changes Would Have Wide-Ranging Effects” in the July 23 issue of Medicare Compliance Alert. Oppenheim was quoted as saying that a ban on per-click payments would affect specialty equipment-leasing relationships and taking away percentage-based compensation would mean that everyone is paid a fixed fee. He added that although these are only proposals, healthcare providers need to revisit their compensation arrangements, which would be most affected if the proposals are implemented.