Health system reform legislation has tightened the in-office ancillary services exception to the Ethics in Self-Referral Law, also known as the Stark Law.
As of Jan. 1, 2010, physicians referring Medicare patients for certain in-office imaging services were required to provide patients with written notice that they can obtain the services from someone other than the physician’s practice. The changes apply to MRIs, CT scans, and PET scans.
Notification is required at the time the test is ordered. The referring physician is required to provide patients with a list of suppliers who provide those services in the area where the patient resides, not necessarily in where the referring physician is located.
While the Centers for Medicare and Medicaid Services (CMS) has not issued guidance on the changes, the Pennsylvania Medical Society recommends that physicians move forward with a good faith effort to begin providing written disclosures to patients to ensure they are complying with the Stark law. We will provide more information when CMS releases more guidance.