What Is A Safe Harbor Under The Stark Act?

What is the discount safe harbor?

One of the recognized safe harbors to the Anti-Kickback Statute is “a discount or other reduction in price obtained by a provider of services or other entity under [Medicare or Medicaid] if the reduction in price is properly disclosed and appropriately reflected in the costs claimed or charges made by the provider or ….

How does the Stark law impact physicians?

The Stark Law, also known as the physician self-referral law, prohibits a physician from referring Medicare or Medicaid patients for certain designated health services in which that physician (or the physician’s family member) maintains a financial interest.

What is Safe Harbor program?

The PrivacyTrust (formerly eTrust) Safe Harbor program was designed to assist companies self-certifying to the U.S. Department of Commerce that they comply with the U.S.-EU Safe Harbor Framework and/or the U.S.-Swiss Safe Harbor frameworks as set forth by the U.S. Department of Commerce.

Does Stark law only apply to physicians?

The Stark statute applies only to physicians who refer Medicare and Medicaid patients for designated health services to entities with which they (or an immediate family member) have a financial relationship. There are almost 20 exceptions to the Stark statute.

What is safe harbor in a hospital?

Safe harbors are designed to protect physicians from liability risk if they provide care that follows approved clinical practice standards. … The availability of liability protection for following approved standards may lead to greater standardization in care and better patient outcomes as well.

Who does Stark law protect?

The Stark law prohibits a physician’s referral for certain designated healthcare services (DHS) to an entity if the physician (or a member of the physician’s immediate family) has a financial relationship with the entity, unless the referral is protected by one or more exceptions provided in the law.

Is a safe harbor an exception to the Stark law?

The fair market value exception applies where a compensation arrangement is in writing, specifies a timeframe and the compensation that will be provided, involves a commercially reasonable transaction, and meets the “safe harbors” under the Anti-Kickback Statute.

What is the purpose of the Safe Harbor Act?

A safe harbor is a legal provision in a statute or regulation that provides protection from a legal liability or other penalty when certain conditions are met.

What does the Stark law prohibit?

The Physician Self-Referral Law, commonly referred to as the Stark law, prohibits physicians from referring patients to receive “designated health services” payable by Medicare or Medicaid from entities with which the physician or an immediate family member has a financial relationship, unless an exception applies.

What is the safe harbor rule for 2019?

You can also meet a safe harbor by paying 100% of your tax bill from the previous year in estimated payments, although those with income above $150,000 have to make payments totaling 110% of last year’s tax bill to qualify for the same safe harbor.

What is the IRS safe harbor rule?

Safe Harbor Rule & Payment Information The IRS will not charge an underpayment penalty if you pay at least: 90% of the tax you owe for the current year, or. 100% of the tax you owed for the previous tax year.

What is the difference between Stark and Anti Kickback?

The AKS prohibits referrals for any kind of item or service where a kickback is involved, while the Stark Law prohibits only the referral of designated health services where a financial interest is involved.

Which ones are the Safe Harbor principles?

Security – Reasonable efforts must be made to prevent loss of collected information. Data Integrity – Data must be relevant and reliable for the purpose it was collected. Access – Individuals must be able to access information held about them, and correct or delete it, if it is inaccurate.

What is safe harbor in healthcare?

Safe harbor healthcare compliance protects providers from federal civil investigations and criminal prosecutions, as well as from civil money penalties and possible exclusion from participation in Medicare, Medicaid, and other federally funded health programs.

Do Stark laws apply to employed physicians?

Both the Stark Law and the Anti-Kickback Statute contemplate employment of physicians by hospitals, and accordingly, both include an exception to accommodate the compensation paid by a hospital employer to a physician employee.