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[REGINALD068]

Can a Provider of one specialty send a patient for consultation to his colleague within the same Practice but of a different specialty? Is this violating the Stark Law?

Thanks

 

[thomas7331]

As I and most other members of this forum are not attorneys, you should not take this response as legal advice. But my understanding is that referrals to other physicians within the same group are listed in the Stark Law as one of several exceptions to the prohibited types of referral, so this would not be a violation of the law:

§ 411.355 The prohibition on referrals set forth in § 411.353 does not apply to the following types of services:
(a)Physician services.
(1) Physician services as defined in § 410.20(a) of this chapter that are furnished -
(i) Personally by another physician who is a member of the referring physician's group practice or is a physician in the same group practice (as defined at § 411.351) as the referring physician

 

[REGINALD068]

Thank you