Self-Referral Laws

Analysis of self-referral laws (Stark and similar state laws) and the structuring of transactions and projects to comply with the requirements of these laws are among the most demanding projects in health care law.  We have a great deal of experience with many varieties of projects that require Stark and similar state law analysis and structuring, including imaging center joint ventures, in-office ancillary service projects, radiation therapy projects, physical therapy, lease and sublease arrangements, loan transactions, business investments, hospital service projects, prescription drug matters, management and marketing service arrangements, and many others.

We advise our clients as to how these transactions may be structured and prepare the documentation necessary to comply with applicable requirements.

Our work in this area also includes analysis of OIG Advisory Opinions, analysis of state self-referral laws (the “Speier” law and California Labor Code provisions applicable to workers’ compensation patients), as well as similar federal and state anti-kickback laws, and other related state laws (e.g., fee-splitting, referrals for profit, and “capping and steering”).

Practice Areas...