New Stark Law Requirement for Physicians Offering In-Office Ancillary Services

The recently enacted Patient Protection and Affordable Care Act, as amended by the Health Care and Education Reconciliation Act, (together, the “Healthcare Reform Law”), imposes a new requirement on physicians who provide in-office ancillary services to their own patients. Previously, physicians providing certain in-office services to their patients had to satisfy the three Stark Law requirements relating to the supervision of those services, their location and billing procedures in order to lawfully provide those services.

The Healthcare Reform Law now imposes another requirement on those physicians. Namely, the physician must also inform the patient, in writing, that the patient may obtain those services from other suppliers, and the physician must provide a written list of such suppliers in the area where the patient resides. This new requirement is immediately effective as of January 1, 2010.

For additional information about these regulations, please contact Louis Szura.