Alert: CMS’s Stark Law Self-Referral Disclosure Protocol Raises Tough Decisions for Healthcare Providers

On September 23, 2010, the Center for Medicare and Medicaid Services (CMS) announced a disclosure protocol pertaining to Stark Law self-referrals in accordance with Section 6409 of the Patient Protection and Affordable Care Act (PPACA). The purpose of the Medicare self-referral disclosure protocol (SRDP) is to create a mechanism that affords both health care providers and suppliers the opportunity to disclose either real or potential violations of the Stark law. In the event of a violation, a provider’s or supplier’s submission of this information to CMS may potentially result in a reduction in the amount due for the self-referral violations. For additional information regarding the SRDP, please go to the following website:

Health Care Reform Insurance Web Portal Requirements

This regulation outlines the requirements for state insurance websites (“Web Portals”) that must be made public by July 1, 2010 to individuals and small business in all 50 states and the District of Columbia. Currently, each web portal at minimum must contain the following information (to the extent practicable):

  • Health insurance coverage offered by health insurance issuers
  • Medicaid coverage
  • Children’s Health Insurance Program (CHIP) coverage
  • State health benefits high risk pool coverage
  • Coverage under the high risk pool
  • Coverage for small businesses and their employees (small group market)

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