Issue link: https://viewer.e-digitaledition.com/i/619635
false claim prosecution and/or whistle-blower case? Who will be able to a nswer this question with a deg ree of conf idence as to how CMS will view the matter? This cla rif ication may cause more problems tha n it solves. VOLUME OR VALUE OF REFERRALS Ma ny exceptions under the Sta rk Law indicate that the a rra ngement being excepted must not ta ke into account, be based on or be without rega rd to the volume or va lue of referra ls or other business generated. CMS cla rif ies that, in a ll ca ses, the fees must not be determined in a ma nner that ta kes into account the volume or va lue of referra ls or other business generated. The consistency is appreciated; however, what rea lly needs to be cla rif ied is when indeed something wrong fully "ta kes into account." CMS explicitly declines to def ine this term. NEW EXCEPTION FOR TIME SHARE ARRANGEMENTS This long overdue exception will be usef ul to a llow the nonexclusive sha ring of space bet ween practitioners who may refer to one a nother for some DHS. This new exception has ma ny elements, including, uniquely, that the premises, equipment, personnel, items, supplies a nd ser v ices must be used predominately for the provision of eva luation a nd ma nagement ser vices to patients. Note, however, that the exception specifica lly precludes its use for advanced imaging, radiation therapy or patholog y — except for tests wa ived by the Clinica l Laborator y Improvement A mendments of 1988. NEW EXCEPTION FOR NON-PHYSICIAN PRACTITIONER (NPP) RECRUITMENT T h i s new except ion i nt roduced i n t he 2016 updat es represents a true improvement to the Sta rk Law. It a llows hospita ls and other DHS entities to provide remuneration to referring physicians in order to assist them in compensating NPPs up to 50 percent of their compensation during their initia l two yea rs of employment. The exception is complex but a welcome addition overa ll. In the ongoing saga of the Sta rk Law 's evolution, the 2016 updates ma rk t he f if t h major issua nce by CMS a nd t his overabunda nce of dense reg ulations a re not likely to end a ny time soon. Marc Beckman is a member of CCBLaw, a boutique law firm focused on providing counsel to physicians and other healthcare professionals. He can be reached at 315-477-6244 or mbeckman@ ccblaw.com. ■ crouse.org/stroke I t takes a talented team of dedicated, patient-focused experts to meet the most rigorous standards in the diagnosis and treatment of acute ischemic stroke — the most common form of stroke. The new Elite Plus level of the Target: Stroke Honor Roll is reserved for hospitals that consistently meet aggressive door-to-treatment times that surpass the U.S. average. Crouse is the only Central New York hospital to earn Elite Plus status from the American Heart Association/American Stroke Association. Thanks to our team for exceeding the highest national standards of stroke care. You make us proud — and our patients grateful. Elite stroke care. It's why more people are saying "Take me to Crouse." M D N E W S . C O M /// M D N E W S C EN T R A L N E W YO R K ■ 2 016 1 5 L E G A L E A S E ❰❰❰❰❰ 1 5