Stark Law and Physician Compensation: What Compliance Teams Need to Know

11 min read•
SalaryDr Research Team
Physician Compensation Research
Table of Contents

Frequently Asked Questions

Does the Stark Law apply to all physician compensation?
The Stark Law applies when a physician makes referrals for designated health services (DHS) to an entity with which they have a financial relationship. If a physician doesn't make referrals for DHS, Stark may not apply.
What is the penalty for a Stark Law violation?
Penalties include denial and repayment of all claims associated with prohibited referrals, civil monetary penalties up to $15,000 per service, and potential exclusion from Medicare and Medicaid programs.
Can productivity-based compensation comply with the Stark Law?
Yes. Productivity-based compensation is generally permissible as long as the metrics don't function as a proxy for referral volume and the per-unit rate is consistent with market benchmarks.
How does the Stark Law interact with the Anti-Kickback Statute?
Stark is strict liability focused on Medicare/Medicaid referrals for DHS, while the Anti-Kickback Statute requires proof of intent and applies more broadly to any federally reimbursed item or service.