According to a report from the law firm McDermott Will & Emery, Stark law allegations increased in 2023, and some of the largest recoveries by the Justice Department in 2023 were Stark law violations, according to a report from law firm Mintz.
Last year, the most common trends in the Stark law cases included compensation above fair market value, compensation structures that changed with referrals, and the provision of services to physicians at reduced or no cost, according to a report from law firm Bass, Berry and Sims.
Physicians and hospitals both saw huge Stark law penalties levied against them in 2023. The most expensive penalty involved Indianapolis-based Community Health Network, which agreed to pay $345 million to resolve claims it paid employed physicians above fair market value and that it awarded bonuses to physicians that were tied to referrals as part of a recruitment scheme.