There are safe harbors in place that protect ASCs and ASC physicians from anti-kickback laws, ensuring that physicians can offer the best patient care possible.
However, if the Stark law is violated, whether it be intentionally or unintentionally, physicians can face fines of up to $15,000 for each service provided in violation, plus additional civil penalties of up to $100,000. Physicians may also face up to five years of jail time.
Once Stark law violation cases are filed, the Justice Department has 60 days to decide whether or not to investigate a case. If a case is accepted and a financial fine is imposed, whistleblowers can receive up to 30 percent of the case payout.
The Justice Department has taken on several Stark law cases in recent months involving ASCs, including allegations against CarePlus, Meridian Surgical Partners and two Florida anesthesiology companies.
At the Becker’s 32nd Annual Meeting: The Business and Operations of ASCs, taking place October 29-31 in Chicago, ASC leaders, surgeons and healthcare executives will explore strategies to drive growth, enhance operational performance, navigate reimbursement challenges and prepare for the future of ambulatory surgery. Apply for complimentary registration now.