42 C.F.R. 411.351 - Definitions
| Cite as | 42 C.F.R. 411.351 |
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171 practice notes
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Securing Updated and Necessary Statutory Evaluations Timely
...or rescinding each affected regulation individually. To take one example, in 2008 the Department revised the definition of ``entity'' at 42 CFR 411.351. See 73 FR 48434, 48751 (Aug. 19, 2008). The revised definition had the effect of changing the meaning of ``entity'' each time it was used ......
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U.S. Ex Rel v. Ashcroft, Civil Action No. 3:04–57.
...of, or the certifying or recertifying of the need for, any designated health service for which payment may be made under Medicare.” 42 C.F.R. § 411.351. The Stark Act defines prohibited financial relationships to include any compensation paid directly or indirectly to a referring physician.......
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U.S. Ex Rel v. Ashcroft, CIVIL ACTION NO. 3:04-57
...of, or the certifying or recertifying of the need for, any designated health service for which payment may be made under Medicare." 42 C.F.R. § 411.351. The Stark Act defines prohibited financial relationships to include any compensation paid directly or indirectly to a referring physician.......
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United States v. Citizens Med. Ctr., Civil Action No. 6:10–CV–64.
...argument that the 28 individual referrals alleged are exempt under Stark's personal services exception, see42 U.S.C. § 1395nn(h)(5); 42 C.F.R. § 411.351 (exception from liability for referrals for which the services rendered were personally performed by the same physician who made the refer......
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62 cases
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U.S. Ex Rel v. Ashcroft, Civil Action No. 3:04–57.
...of, or the certifying or recertifying of the need for, any designated health service for which payment may be made under Medicare.” 42 C.F.R. § 411.351. The Stark Act defines prohibited financial relationships to include any compensation paid directly or indirectly to a referring physician.......
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U.S. Ex Rel v. Ashcroft, CIVIL ACTION NO. 3:04-57
...of, or the certifying or recertifying of the need for, any designated health service for which payment may be made under Medicare." 42 C.F.R. § 411.351. The Stark Act defines prohibited financial relationships to include any compensation paid directly or indirectly to a referring physician.......
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United States v. Citizens Med. Ctr., Civil Action No. 6:10–CV–64.
...argument that the 28 individual referrals alleged are exempt under Stark's personal services exception, see42 U.S.C. § 1395nn(h)(5); 42 C.F.R. § 411.351 (exception from liability for referrals for which the services rendered were personally performed by the same physician who made the refer......
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Council for Urological Interests v. Burwell, No. 13–5235.
...with ownership interests in groups that perform outpatient services in hospitals cannot refer patients for the procedures. See 42 C.F.R. § 411.351. With respect to the equipment rental exception, the rule states that the lease may not use per-click rates. 42 C.F.R. § 411.357(b)(4)(ii)(B). T......
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79 firm's commentaries
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CMS and the OIG Issue Final Rules Modernizing and Clarifying the Federal Stark and Anti-Kickback Laws
...than a pharmacy or a physician, provider, or other entity that primarily furnishes services). Value-Based Enterprise ParticipantCMS (42 CFR § 411.351)OIG (42 CFR § 1001.952(ee)(14)(ix))VBE participant means a person or entity that engages in at least one value-based activity as part of a va......
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Stark Case Text – Apologies for the Missing Link
...a position to generate business for the other party, on the date of acquisition of the asset or at the time of the service agreement. 42 C.F.R. § 411.351 (emphasis added). As we have explained, BMAA and HMA are in a position to generate business for each other. HMA makes no plausible argume......
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Murky Waters – The Stark Controversy in Hospital-Physician Relationships
...may be found in the regulations at 42 C.F.R. Part 411. [7] 42 C.F.R. § 411.357(c)(2)(ii). [8] 42 C.F.R. § 411.357(c)(4). [9] 42 C.F.R. § 411.351 (See “Referral” definition – (1)(i)). [10] Press Release, DOJ (Mar. 11, 2014) (https://www.justice.gov/opa/pr/florida-hospital-system-agrees-pay-g......
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Critical Analysis and Practical Implications of CMS’ Changes to the Stark Law’s Implementing Regulations
...of the Final Rule is ordered consistent with the Final Rule’s order of codification in the Code of Federal Regulations, i.e., from 42 C.F.R. § 411.351 through § 411.357, and is not in any order of importance, except that our discussion of the new exception for “value-based arrangements” (co......
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1 books & journal articles
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The Stark physician self-referral law and accountable care organizations: collision course or opportunity to reconcile federal anti-abuse and cost-saving legislation?
...be codified at 42 C.F.R. Pt. 425). (152) See generally 42 C.F.R. 411.352 (2012). (153) 42 U.S.C. [section] 1395nn(h)(4)(A) (West 2012); 42 C.F.R. 411.351 (2012); Kass & Linehan, supra note 140, at 99-100. For a broader discussion of Stark's encouragement of physicianonly ventures withou......