ARE YOU IN VIOLATION OF THE NEW CHANGES TO THE STARK REFERRAL LAW?

The Stark Regulations, which prohibit a physician from making a referral to an entity or practice in which he has a financial or beneficial interest in, were recently changed on March 26, 2004. With these new changes to the Stark Law it is expected that government investigation and enforcement related to these issues will increase significantly. It is important to review your practice and referral patterns to determine whether or not you are in violation of the new Stark Regulations. Stark is especially dangerous in the respect that it imposes strict liability on physicians (no intent required); so if a physician makes a referral that is covered by the Stark Regulations and the referral does not fit into one of the safe harbors under the new Stark Regulations, you are in violation and subject to significant penalties imposed by the law.

HIPAA DEADLINE FOR SMALL BUSINESS REMINDER

The final extension for the deadline for small businesses to implement certain HIPAA protections for protected health information of their staff, is near. Small businesses that do not qualify for the narrow exceptions must be HIPAA compliant by April 14, 2004, or face civil or criminal penalties.

Lifshutz & Lifshutz P. C. will provide Physicians, Dentists, Chiropractors, Podiatrists, and other health care providers with a free consultation to evaluate their exposure, if any, under the new Federal Stark Law which was recently signed into law as of March 2004.