There was a notable increase in Stark law allegations in 2023, according to a Feb. 28 report from the law firm McDermott Will & Emery.
Some of the settlements were precipitated by self disclosures rather than as the result of a relator action, according to the report. Additionally, most of the actions were about allegations that physician compensation structures violated Stark law by taking into account volume or value or referrals.
Here are two major Stark allegations from 2023, according to the report.
1. A dermatology management company self-disclosed and paid $8.9 million to resolve claims senior managers agreed to raise the price of 11 dermatology practices. The deal was a part of an arrangement in which providers agreed to refer services to company-affiliated entities following the acquisition.
2. A cardiac imaging company and its owner, founder and CEO agreed to pay $85.48 million to resolve allegations it paid referring cardiologists above fair market value to supervise PET scans.