I blogged yesterday about the rise in provider self-disclosures related to overpayments, and for today's installment we're going to turn to the corresponding increase in provider Stark law self-disclosures. CMS has already received 82 Stark self-disclosures, and is on pace to receive more than 100 for the year, CMS's Joseph Hudzik said at the 2013 Fraud & Compliance Forum, sponsored by the American Health Lawyers Association and the Health Care Compliance Association.   

Hudzik, who's the director of CMS's division of technical payment policy, said CMS has received 322 Stark self-disclosures since it posted the Stark self-referral disclosure protocol to the CMS website in September 2010. The agency has settled 37 of the self-disclosures, collecting roughly $3.9 million, Hudzik said. The SRDP was authorized by Section 6409 of the ACA, and provides a framework for providers to disclose potential or actual Stark law violations. Hudzik said providers who self-disclose Stark issues to CMS should be aware they still may face civil monetary penalty or False Claims Act liability after their settlements.  

Barring a few exceptions, the Stark law prohibits physician referrals of Medicare and Medicaid patients to entities with which physicians or their immediate family members have a financial relationship.