Reasons Why Stark Laws Need Updating - Paper Example

Published: 2021-07-16
1306 words
5 pages
11 min to read
Wesleyan University
Type of paper: 
Annotated bibliography
This essay has been submitted by a student. This is not an example of the work written by our professional essay writers.

The Stark Laws are a set of federal laws in U.S.A which outlaw doctors self-referral, precisely a recommendation by a doctor of a Medicare or Medicaid patient to a unit giving designated health services ("DHS") if the doctor (or even a direct kinfolk) holds a fiscal connection to the said unit.

The main reason why many people champion for the change of the stark laws is that they say that the fraud and abuse laws precisely, the Stark Laws and Anti-Kickback Statute were formulated in the age of fee-for-service. They were vital, at that time, since they protected patients against physicians who were money oriented and who gained a lot from the patients at the expense of their health.

The elementary idea of the acts is modest: It says that a doctor cannot receive a monetary benefit because of simply referring a patient to another provider of health care or further from prescribing a dose for a patient. For patients, their desire is for doctors to provide and refer them to the providers who are best for their health but not what suits the doctors pocket (CMS Issues Final Rule for Fraud and Abuse Waivers in the Medicare Shared Savings Program, 2015). While the deviation from the fee-for-service takes place and heads towards the value-based care, the decrees are not holding as there are cases of behaviors in care providers which are desirable but termed as technically wrong. These behaviors are such as a medical provider compensating for the automated well-being records used by public physicians. Therefore, over a period, every rule has become topic to several dozen exclusions and lots of recommended views bringing out exact conventional conducts.

Summary of self-referral and anti-kickback regulations for physicians

The term self-referral by physicians can be described as the practice where a physician refers a patient to a medical facility in which he, the physician, has a monetary interest in. it may be in the form of ownership, compensation, investment, or any other form of fiscal interest. According to ("A health care law held together by duct tape," 2016), the practice of self-referral is a natural conflict of interest since the referring doctor benefits from their own actions. The author further describes the action as overutilization of services which can result in escalating health care costs and also result in a confined referral scheme that confines rivalry by new sources.

The author further states that those who protect the exercise argue that such ideas are not extensive. They claim that doctors who possess, finance, or run therapeutic amenities are reacting to a necessity for such services which otherwise, could not be fulfilled, mainly in therapeutically marginalized areas.

The role of the office of the inspector general

According to the Constitution, the inspector general's office is an independent office that is mandated with the responsibility of meeting the constitutional role of promoting the economy, ensuring that the administration is effective, efficient in the matters of social security and also detects any fraud and prevents it. It's further used to ensure there is no wastage, abuse or even mismanagement in the programs and operations.

By steering free and impartial inspections, assessments, and inquiries, the office inspires civic sureness in the honesty and safety of SSAs platforms and processes and defends them from deceit, misuse, and exploitation. It offers timely, valuable, and dependable data and guidance to Management officers, both in the Congress and also the public (About the OIG | Office of the Inspector General, SSA, n.d.).

Fraud and abuse waiver for select CMS models and programs

According to Section 1115A part (d) clause (1) of the Social Security Act (the Act), the human services and health principle holds power to go over certain fraud and abuse laws when deemed necessary for only the purpose of testing the payments and also the services delivery models that are developed by the CMS.

(Medicare, Baltimore, & Usa, 2017) Nonetheless, not every model-specific waiver is essentially accessible to all individuals in a certain model. Characters or beings looking for waiver security ought to have the awareness that a waiver can only apply to their plan(s) when only they are qualified to apply for the waiver and only when they fulfill the conditions on the waiver. All parties are encouraged to hold consultations with a legal counsel as seen necessary as to ensure that the waivers can be applied on them and that the waiver requirements are met in full.


About the OIG | Office of the Inspector General, SSA. (n.d.). Retrieved July 25, 2017, from

In this journal article, the writer clearly outlines how the post of the Inspector General created in 1978 through an act of the parliament after the famous Watergate scandal is an independent institution meant to ensure that the executive branches of the government are accountable and people can believe in them. The main objectives of the office are to conduct and supervise the workings of the other branches of the government and also conduct audits on the operations of an agency. The office is mandated with promoting the economy, ensuring the efficiency and effectiveness of the administrative organs while still detecting and preventing misuse and fraud. It is also mandated with reporting about problems in other organs to the SSA and the Congress.

A health care law held together by duct tape. (2016, August 12). Retrieved July 25, 2017, from

In the article, the author clearly indicates how full of ideas the role of providing and fixing health care is. The author goes into deep showing how the majority of the physicians are remunerated and how the patients' bills are covered by insurance policies. The article clearly shows the documentation of the patient's information which must be kept private and confidential and how the healthcare is coordinated

In this article, the author further shows several significant fixes. The writer continues on to demonstrate that, in fact, the laws on abuse and stark is archaic. The article shows how despite being well structured at the start and continuously being preserved and being used over time, the decree ends

CMS Issues Final Rule for Fraud and Abuse Waivers in the Medicare Shared Savings Program. (2015, November 6). Retrieved July 25, 2017, from

The article is excellent except as it captures a major ruling on the fraud and abuse waivers. Prior to the ruling, there was an interim ruling by which decisions on fraud and abuse waiver were made. The writer takes the time to clearly analyze the ruling which he refers to as the final ruling and the first ruling as the interim ruling. The author, having looked at the fraud and abuse waiver issue keenly, and having analyzed the two rulings, he is able to make a judgment on the differences between the final judgment and the interim ruling. The author shows that CMS goes on recognizing the participation of in joint savings program which may need the providers to assimilate methods that may involve these laws.

Medicare, C. for, Baltimore, M. S. 7500 S. B., & Usa, M. (2017, July 3). Fraud-and-Abuse-Waivers. Retrieved July 25, 2017, from

The author of the article looks keenly at the act of the constitution that allows and gives the secretary of health the permission to waive some fraud and abuse laws when deemed necessary and also the steps and laws to be followed in the action of waving the fraud and abuse laws. The author further lists the fraud and abuse waiver models and lists the conditions under which each model is to be used. Under each model, the author lists' the individuals under which the waiver can be applied and also how individuals are supposed to seek the waiver. The author further states the individuals who are eligible under every model-specific waiver.


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