Stark Self-Disclosure: What, Why, Where, When (Update on 60-Day Rule), and HowPDF
Jennifer Csik Hutchens presented at a webinar entitled "Stark Self-Disclosure: What, Why, Where, When (Update on 60-Day Rule), and How" on Tuesday, February 26. This program was presented by the American Health Lawyers Association.
This webinar addressed the following:
- How to determine if/when a federal Stark Law violation has occurred and if/when a contract compliance self-audit is necessary or appropriate;
- Understanding why the penalties under laws such as the federal Anti-Kickback Statute, the federal Stark Law, and the mini-Stark laws and mini-Anti-Kickback statutes make such self-audits important;
- How to conduct a compliance self-audit, including setting appropriate parameters.
- Establishing guidelines for allocating responsibility among the team members (including in-house departments and, if applicable, external legal counsel);
- Once a self-audit is complete, under what circumstances should self-disclosure be considered?;
- Principal advantages and disadvantages of the various self-disclosure protocols and options (e.g., fiscal intermediary/contractor, U.S. Department of Justice, Office of Inspector General , and Centers for Medicare & Medicaid );
- Understanding updates to the 60-day rule and the “look-back” period;
- Lessons learned from recent self-disclosures; and
- How can contract compliance programs and other initiatives and efforts prevent future issues.