Stark generally prohibits a physician (or an immediate family member of such physician) who has a direct or indirect financial relationship with an entity that provides a designated health service from making a referral for that service for which Medicare or Medicaid would otherwise pay. This very broad prohibition is mitigated by a large number of exceptions. These exceptions must be met exactly. Failure to meet a Stark exception will result in a violation.

Who Can Consent to Immunization of Minors? - 09/28/2022

Who in Texas can consent to immunization of minors?

Copy Fees for Mental Health Records - 09/28/2022

Do Texas Medical Board rules regarding fees for copying medical records apply to mental health records? TMA’s newly updated, free white paper answers this question about fees and more.

Surgeon’s Multimillion-Dollar Defamation Award Tossed by Texas Supreme Court - 05/16/2022

The Texas Supreme Court has nullified a $6.4 million jury verdict for a Houston cardiothoracic surgeon in his lawsuit alleging defamation and business disparagement by Memorial Hermann Hospital System.

House Will Study Behavioral Health, Early Childhood Intervention, and More - 12/02/2019

Among a number of health care-related topics, the Texas House of Representatives during the interim “off” year in 2020 will study the state’s behavioral health system, child trafficking prevention, and the effect of technology and “big data” on insurance. House Speaker Dennis Bonnen (R-Angleton) released the chamber’s interim charges last week.

Steering Clear of Trouble - 09/01/2017

Pharmacies that compound topical creams and gels of questionable or nonexistent efficacy and then bill insurance for huge amounts are a growing problem, especially in the Texas workers' compensation program. Sometimes, they convince physicians to play a part in their schemes, offering kickbacks or other inducements in exchange for referrals. It's a nasty business doctors need to know is out there — and strictly avoid.

When Drug Enforcement Agents Come Knocking - 05/02/2017

U.S. Drug Enforcement Administration agents turn up in your office wanting to ask you questions. They announce they have a right to inspect your records without warning. ...

Physical Therapy in a Physician’s Office - 03/16/2017

Is it legal for me or one of my employees to perform “physical therapy” within the confines of my medical practice office, or would that violate a licensing code?

Four Stark Law Tips Worth Noting - 12/06/2016

The Stark (physician self-referral) and antikickback laws are nothing if not complicated. That’s why we asked the health care attorney who “wrote the book” on these topics to highlight a few areas that may be of interest to many physicians.

Deadline for Business Associate Agreements: Sept. 22 - 11/08/2016

If you are a HIPAA covered entity, all of your business associate (BA) agreements must comply with the HIPAA Omnibus Rule by Sept. 22, 2014.

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