EMERGENCY WAIVERS TO FEDERAL SELF-REFERRAL LAW
Now that health care facilities are fully reopening in many states, it is an appropriate time to review the federal health care regulatory blanket waivers of Section 1877(g) (Self-Referral Law). These blanket waivers were designed to make it easier for health care industry to function in this emergency. Department of Health and Human Services (HSS) implemented these blanket waivers in response to the COVID-19 pandemic.
The Stark Law and the “Group Practice” Requirement
The Stark Law is primarily set forth in section 1877 of the Omnibus Budget Reconciliation Act of 1989 (OBRA 1989). This law prohibits physicians from referring Medicare patients to an entity for designated health services (DHS), if the physician or the physician’s immediate family has a financial relationship with the entity.