Corporate Compliance

Mandatory Stark survey on its way

Health Care Auditing Strategies, October 1, 2007

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Prepare for CMS hospital compliance audit

Hundreds of hospitals will soon receive a notification from CMS they can't afford to ignore: It will state whether the agency chose them as one of 500 hospitals to complete a mandatory survey about how well physician-hospital relationships comply with the Stark Law.

This mandatory questionnaire comes in reaction to a 2006 voluntary survey regarding physician investments in specialty hospitals. That survey only tangentially addressed Stark and came after Congress directed the U.S. Department of Health and Human Services (HHS) to provide information about specialty hospitals' effect on acute care institutions as part of the Deficit Reduction Act of 2005.

The response rate to the survey was poor. Only 210 of the 500 acute care and specialty hospitals contacted responded. CMS considered this a sign that some hospitals had something to hide about Stark compliance. CMS stated its concern in a notice it released earlier this year describing the new survey.

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