Here are three Stark law updates that may affect ASCs:
1. A law passed in Florida amending the state's Stark law supervision requirements. The new legislation removes the direct supervision requirement, which required the supervising physician to be present in the office while the referred services were being performed or provided. Now, the direct supervision requirement is replaced with the requirement that the service be subject to supervision if "such supervision complies with all applicable Medicare payment and coverage rules for services."
2. The Consolidated Appropriations Act of 2023 updated exceptions to Stark law and anti-kickback law that will allow hospitals and healthcare providers to improve mental health services for physicians. The law issues a new exception for physician wellness programs offered by healthcare entities, including ASCs, hospitals and physician practices.
3. CMS updated its voluntary self-referral disclosure laws Jan. 23, including an updated version of the self-referral disclosure protocol form, an updated physician information form and a new group practice information form. The new self-referral disclosure protocol form includes an update to signed certification — it no longer needs to be submitted as a hard copy and can now be submitted electronically.