Legislation
Congress included a provision in the Omnibus Budget Reconciliation Act of 1989 (OBRA 1989) which barred self-referrals for clinical laboratory services under the Medicare program, effective January 1, 1992. This provision is known as "Stark I". The law included a series of exceptions to the ban in order to accommodate legitimate business arrangements. A number of observers recommended extending the ban to other services and programs. The Omnibus Budget Reconciliation Act of 1993 (OBRA 1993) expanded the restriction to a range of additional health services and applied it to both Medicare and Medicaid; this legislation, known as "Stark II," also contained clarifications and modifications to the exceptions in the original law. Minor technical corrections to these provisions were included in the Social Security Amendments of 1994.
Passage of Stark II raised a series of concerns on the part of many provider groups. While Stark I and II were intended to remove potential conflicts of interest from physician decision making, a number of persons have argued that the legislation, particularly parts of Stark II, represents an unwarranted intrusion into the practice of medicine. They have stated that the legislation, particularly the provisions relating to compensation arrangements, is too complex and may, in fact, impede physicians' ability to participate in managed care networks.
On November 20, 1995, Congress gave final approval to the conference report on the Balanced Budget Act (BBA) of 1995. President Clinton vetoed the measure on December 6, 1995. BBA included several amendments to the physician self-referral provisions. The two major changes were the repeal of the prohibitions based on compensation arrangements and the reduction in the list of services subject to the ban.
The Federal Register announced that publication of Stark III has been extended until March 26, 2008, and Phase II will remain in effect through that date.
The Phase III final rule was published on September 5, 2007, at 72 FR 51012, and became effective December 4, 2007.
The Stark Law is related to, but not the same as, the federal anti-kickback law.
Lawyers and laypersons can find the Stark Law which is ยง1877 of the Social Security Act. Additionally, the regulations are at .
Read more about this topic: Stark Law
Famous quotes containing the word legislation:
“Statecraft is soulcraft. Just as all education is moral education because learning conditions conduct, much legislation is moral legislation because it conditions the action and the thought of the nation in broad and important spheres of life.”
—George F. Will (b. 1941)
“No legislation can suppress nature; all life rushes to reproduction; our procreative faculties are matured early, while passion is strong, and judgment and self-restraint weak. We cannot alter this, but we can alter what is conventional. We can refuse to brand an act of nature as a crime, and to impute to vice what is due to ignorance.”
—Tennessee Claflin (1846–1923)
“Strictly speaking, one cannot legislate love, but what one can do is legislate fairness and justice. If legislation does not prohibit our living side by side, sooner or later your child will fall on the pavement and I’ll be the one to pick her up. Or one of my children will not be able to get into the house and you’ll have to say, “Stop here until your mom comes here.” Legislation affords us the chance to see if we might love each other.”
—Maya Angelou (b. 1928)