Stark Law Supervision Requirements, ASCs, Orthopedic Practices

Recent Changes to Florida’s Stark Law Supervision Requirements: Implications for Orthopedic Practices and ASCs

As practice managers, office managers, and physicians in the orthopedic field and Ambulatory Surgery Centers (ASCs) in Florida, it’s crucial to stay informed about changes in healthcare legislation that could potentially impact our operations. One such recent change is the amendment to Florida’s Stark law supervision requirements.

For those unfamiliar, the Stark law is a federal regulation that prohibits physicians from referring Medicare or Medicaid patients to an entity for designated health services if the physician has a financial relationship with that entity. In Florida, there was an exception to this rule, but it required the referring healthcare provider to directly supervise the provision of items or services. This meant that the supervising physician had to be physically present in the office while the referred services were being performed or provided.

However, a new bill has recently been passed in Florida that amends these supervision requirements. The direct supervision requirement has been removed and replaced with a requirement that the service be subject to supervision if “such supervision complies with all applicable Medicare payment and coverage rules for services.”

This change could potentially impact our practices and ASCs in several ways:

Flexibility in Service Provision: The removal of the direct supervision requirement could potentially offer more flexibility in how services are provided. For example, many imaging services that previously required a referring physician to be physically present can now be performed under Medicare’s less stringent supervision requirement. This could potentially streamline operations and allow for more efficient use of physician time.

Payer Requirements: It’s important to note that while the state law has changed, certain payers may still require a higher level of supervision for some services. Therefore, it’s crucial to understand the specific requirements of each payer to ensure compliance.

Compliance with Medicare Rules: With the new requirement, it’s essential to ensure that all services are provided in compliance with applicable Medicare payment and coverage rules. This may require a review and potential adjustment of current practices to ensure alignment with these rules.
While these changes could potentially offer more flexibility in service provision, it’s important to approach them with a clear understanding of the implications. As always, it’s recommended to consult with a healthcare attorney or compliance expert to fully understand how these changes may specifically impact your practice or ASC.

As we navigate these changes, our team is here to support you. If you’re a physician seeking guidance on how these changes to Florida’s Stark law supervision requirements may impact your operations, we invite you to reach out to us. We offer comprehensive assessments to help you understand the implications of these changes and provide tailored strategies to guide your practice or ASC to remain compliant and efficient.

Don’t navigate these changes alone. Contact us today to schedule your assessment and let us help you continue to provide the highest level of care to your patients while successfully navigating the complexities of healthcare legislation. Click here to get in touch with us or call us at (949) 868-4880. We look forward to partnering with you during these changing times.