The Centers for Medicare & Medicaid Services (CMS) has updated the Stark Law self-referral rules. Here’s a short summary and we would like to hear your thoughts.
CMS Updates Stark Law Self-Referral Rules – Your Thoughts?
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Specifically, CMS updated the voluntary Self-Referral Disclosure Protocol (SRDP). The SRDP is the self-disclose process for actual or potential Stark Law violations.
There are now new, updated SRDP Disclosure Form and related forms that service providers and suppliers must use to utilize the SRDP. Keep in mind that, according to CMS, “Providers of services and suppliers must use the updated forms for disclosures submitted on or after March 1, 2023. The updated forms may be used for disclosures submitted prior to March 1, 2023.”
The updated forms are linked on the CMS website. This includes the SRDP Form and the Physician Information Form. The new Group Practice Information Form is also available.
The method of submission for the SRDP Form was also changed. Now, the “complete disclosure and all relevant supporting documents must be submitted electronically to 1877SRDP@cms.hhs.gov.” This is a change from the requirement that it be submitted in hard copy and mailed to CMS.
Also, regarding the new Group Practice Information Form, it is only for “physician practices consisting of at least two physicians (referred to herein as practices) that are reporting noncompliance with the physician self-referral law arising from the failure to qualify as a group practice” under Stark Law.
Notably, if the Group Practice form is being used then the physicians will not have to submit additional Physician Information Forms, which could well streamline the entire process. The Group Practice form says, “If all the noncompliance being reported by the practice arose from the failure of the practice to qualify as a group practice under § 411.352, do not complete Physician Information Forms for each physician in the practice who made prohibited referrals to the practice. Section II of the Group Practice Information Form below collects all necessary information about the individual physicians who made prohibited referrals to the practice.”
What are your thoughts on the updates? Let us know in the comments below.
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This is a fascinating development. In my practice we've seen similar outcomes with the revised protocol. The key differentiator seems to be patient selection criteria. Has anyone else noticed the correlation with BMI thresholds?
Great point. I'd push back slightly on the conclusion, the sample size in the cited study is too small to draw population-level inferences. That said, the directional signal is compelling and worth a larger RCT.
We implemented a similar approach last year. Early results are promising but we're still gathering 12-month follow-up data. Happy to share our protocol if anyone is interested.
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