Nuclear Medicine And The Stark Truth: What Are The Rules?

Mondaq Business BriefingUnited States Law Articles in English (2007)

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Nuclear Medicine And The Stark Truth: What Are The Rules?

Originally published in The Journal Of Nuclear Medicine, Vol. 48, No. 7, July 2007

For years, the Stark Law had little if anything to do with nuclear medicine. The federal prohibition against a physician's referral of a Medicare beneficiary to a health care entity with which that physician (or a member of his or her immediate family) had a financial relationship, unless an exception applied, had no relationship to nuclear imaging, because nuclear studies were not ''designated health services'' (DHS). Although the statutory Stark provisions defined DHS to include radiology as well as radiation therapy services and supplies, the Centers for Medicare and Medicaid Services (CMS) acted in January 2001 to issue the Phase I Stark II final regulations and declared that nuclear medicine was not a DHS.

But in its 2006 Medicare Physician Fee Schedule final rule, CMS revised the definit...

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