Stark Law Self-Referral Disclosure Protocol Posted by CMS

On September 23, 2010, the Centers for Medicare and Medicaid Services (CMS) posted on its website a Self-Referral Disclosure Protocol (SRDP) for voluntary self-disclosure of actual or potential violations of the Stark law. When a disclosure is submitted through the protocol, a Medicare service provider or supplier's obligation under the Patient Protection and Affordable Care Act to return any overpayment within 60 days will be suspended until CMS reviews the circumstances surrounding the disclosure and determines a resolution. According to CMS, the protocol cannot be used to obtain a determination of whether an actual or potential violation of the Stark law occurred or to disclose conduct already divulged under the U.S. Department of Health and Human Services' Office of Inspector General's self-disclosure protocol.

The protocol requires a detailed explanation of how the conduct violated the Stark law, as well as detailed identification of any potentially applicable exceptions to Stark. The report must supply details of the financial impact and describe any preexisting...