CMS Proposes Far-Reaching Stark Changes

On July 2, 2007, the Centers for Medicare & Medicaid Services (CMS) released a number of proposed and potentially far-reaching changes to the Stark regulations as part of its annual physician fee schedule update. Foley Partner Charles B. Oppenheim and Associate Elizabeth O’Keeffe addressed proposed Stark revisions, including:

• Per click leases
  
• Percentage compensation
  
• In-office ancillary services
  
• Under arrangements
  
• Anti-markup
  
• Burden of proof
  
• Alternative criteria for satisfying exceptions
  
• Other proposed changes