Stark Law: Physician Self-Referral

30 Questions

What is the primary goal of a Compliance Committee in a Compliance Program?

To advise and assist the Compliance Officer

What is the recommended frequency of education hours per year for Compliance education in corporate integrity agreements?

1-3 hours per year

What is the main objective of a Compliance Officer in a Compliance Program?

To serve as the focal point of the Compliance Program

What is a key element of an effective Compliance program?

Proper education and continual retraining

What should be included in a Written Annual Training Plan?

Training needs, timing, methods, and duration

What is a topic that may be included in specific or focused training?

Actions outside scope of practice

What is the primary goal of the Stark Law?

To prevent conflicts of interest and self-referral practices in healthcare

What type of relationships does the Stark Law address?

Financial relationships, including ownership interests and compensation arrangements

What is unique about the Stark Law compared to the Anti-Kickback Statute?

The Stark Law is a strict liability statute, requiring no proof of intent

Which of the following is an example of a designated health service (DHS) under the Stark Law?

Clinical laboratory services

Under the Stark Law, what happens if a physician has a financial relationship with an entity to which they refer patients?

The physician is prohibited from referring patients to that entity, unless an exception applies

Who is the Stark Law named after?

U.S. Congressman Pete Stark

What is the primary reason for the Compliance Officer's presence during an on-site government investigation?

To keep a detailed, written account of all activities and an itemized inventory of documents inspected or removed

What is the first step in implementing a compliance program?

Communicating management's commitment to compliance

Why is it essential to have support from the Board of Directors or Board of Trustees?

Because they are the governing body responsible for overseeing the organization's fiduciary assets and mission

What should non-essential employees do during an on-site government investigation?

Be sent home or relocated during the search

What should be the format of management's communication of its commitment to compliance?

Written format, such as a memo or policy document

Who should be notified immediately in the event of an on-site government investigation?

Legal counsel

What is the primary purpose of conducting a risk assessment in a compliance program?

To identify and prioritize risks in the organization

What is a key characteristic of a Compliance Officer?

Being trusted and well-respected in the organization

What is the purpose of developing an annual compliance report?

To build support for the compliance department

What should be done periodically to the risk list?

Review and update it to assess new risks and mitigation plans

What is the role of the P-D-C-A cycle in a compliance program?

To care for and feed the ongoing evaluation of the compliance program

What should be considered when developing annual team goals for the compliance department?

A realistic number of goals that are achievable and measurable

Under what circumstances can a covered entity restrict an individual's access to their PHI?

When access would jeopardize the security of the individual, another inmate, or the institution

Who must review the decision to deny an individual access to their PHI?

A licensed healthcare professional not involved in the individual's treatment

In what format must a CE provide PHI if it is already in that format?

Electronic format

What is a condition under which a CE can send PHI in an unencrypted email?

If the CE has advised the individual of the risk, and the individual still prefers unencrypted email

Why might a CE deny an individual access to their PHI?

If sharing the information would put the individual or another person in danger

What must a CE provide if it denies an individual access to their PHI?

An appeal process

Learn about the Stark Law, a federal law enacted in 1989, aimed at preventing conflicts of interest and self-referral practices in the medical field. Discover how it regulates collaborations between physicians and pharmaceutical companies.

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