8 In What Situation Is A Written Agreement Not Required Under Stark
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It is extremely important that companies ensure that they have up-to-date written agreements when they pay external physicians (or family members of a physician) to provide goods or services, including, but not only, payments for professional services, call coverage, management services or medical advice. 3. Above fair market value. Stark and AKS generally require referral practitioners to pay or be paid at fair value for goods or services provided, including payments made pursuant to employment contracts; Services agreements; Use of space, equipment or personnel Selling items (42 CFR no 411.357 (a) (d), (f), (i), (l), (p) and 1001.952 (b)-(d)). Unless there is a specific exception, it is likely that overpayments and underpayments will result in referrals and strong concerns and AKS. It should be noted that, although the fair market value compensation exception does not require written renewals, the parties must be able to provide written documentation attesting that the agreement was renewed on the same terms as the original agreement. With regard to indeterminate overcrowding rules, the CMS indicated that, unlike independent contracting agreements, employment contracts are not written; Compensation is not set in advance; and compensation can be changed at any time. Employment agreements. To accommodate a high-security port5 applicable to employment contracts, the employment contract with the physician (or end house) must meet all the following conditions: companies and suppliers should take into account situations in which the new Exemptions from the Stark Act may apply when awarding contracts and whether new agreements are possible in light of these new safeguards.
The final rule also offers greater flexibility in respecting certain Stark exceptions; However, as the cms repeats, a current contract, signed, remains the simplest method to prove its respect. Given the additional flexibility provided by the final rule, suppliers should consider contacting legal counsel to discuss the potential impact of these new rules on pending SRDP submissions to the CMS and to amend potentially submitted SRDPs. 7. Changes within one year.