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GAO reports barriers in future of healthcare IT

Compliance Monitor, August 18, 2004

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Stark and anti-kickback laws present barriers to healthcare information technology (IT), according to the General Accountability Office's (GAO) August 13 report.

The laws prohibit adoption of health IT initiatives, the report said, because healthcare professionals are not sure whether their arrangements and solutions open the door to violations of these laws.

The GAO interviewed several experts, who cited several laws that impede IT progress in healthcare, including those that involve fraud and abuse, antitrust, federal income tax, intellectual property, malpractice, and state licensing.

"Because the laws frequently do not address health IT arrangements directly, healthcare providers are uncertain about what would constitute violations of the laws or [what would] create a risk of litigation," according to the report.

Healthcare providers are reluctant to make significant investments in healthcare IT because they cannot predict the legal consequences of doing so.

"In the area of fraud and abuse, for example, both the Physician Self-Referral (Stark) Law and the Anti-kickback Law present barriers," the report said. Together, these laws make it more difficult for providers to establish IT arrangements and share IT resources.

To read the report, click here.

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