When in doubt, turn to CMS
Health Care Auditing Strategies, March 1, 2007
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The complexities of the referral and billing prohibitions of the Stark Law are enough to give anyone a headache. Throwing in the sporadic and relatively limited Stark Law guidance that CMS provides is enough to turn that headache into a migraine.
To help combat confusion over the various Stark prohibitions, Congress created an advisory opinion program within CMS in 1997. The program was basically designed to mirror the OIG's preexisting anti-kickback statute advisory program. But unlike the OIG's program, providers rarely use CMS' newer program. To date, CMS has issued only four advisory opinions.
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