CMS Posts Self-Referral Disclosure Protocol Settlements on Its Website

The Centers for Medicare and Medicaid Services (CMS) has now posted Self-Referral Disclosure Protocol (SDRP) settlements on the CMS website. Section 6409 of the Patient Protection and Affordable Care Act provides the SDRP process, which allows providers of services and suppliers to self-disclose any actual or potential violations section 1877 of the Social Security Act, also known as the physician self-referral statute or the Stark II regulations. The following is a list of SDRP settlements, which CMS will continue to update on a quarterly basis:

• On February 10, 2011, a Massachusetts general acute care hospital settled with CMS for $579,000 after disclosing that it failed (1) to satisfy the requirements of the personal services arrangements exception for arrangements with certain hospital department chiefs and the medical staff for leadership services, and (2) to satisfy the requirements of the personal services arrangements exception for arrangements with certain physician groups for on-site overnight coverage for patients at the hospital.
• On November 11, 2011, a Mississippi critical access hospital settled with CMS for $130,000 after disclosing that it failed to satisfy the requirements of the personal services arrangements exception with certain hospital and emergency room physicians.
• On January 5, 2012, a California hospital settled with CMS for $6,700 after disclosing that it exceeded the calendar year non-monetary compensation limit for a physician.
• On January 5, 2012, a Georgia hospital settled with CMS for $4,500 after disclosing that it exceeded the calendar year non-monetary compensation limit for two physicians.

If you have questions regarding compliance with the Stark regulations, the Self-Referral Disclosure Protocol, or have any other compliance questions, please contact a Wachler & Associates attorney at 248-544-0888.