Physician Self-Referral Disclosure After PPACA

Navigating New Stark Law Complexities Following Healthcare Reform

CMS issues Stark disclosure protocol Sept. 23

Recording of a 90-minute CLE webinar with Q&A

Conducted on Wednesday, October 27, 2010

Recorded event now available

or call 1-800-926-7926

This CLE course will prepare counsel for healthcare providers to comply with new self-referral disclosure requirements under the healthcare reform law. The panel will outline best practices for self-referral disclosure, applying the new CMS guidance.


On Sept. 23, 2010, the Centers for Medicare and Medicaid Services released its much anticipated Stark Self-Referral Disclosure Protocol (SRDP) as required by the Patient Protection and Affordable Care Act of 2010 (PPACA).

The SRDP provides a process for hospitals and other healthcare providers to disclose actual or potential violations of the Stark Law. It lays out new criteria for CMS to employ when settling Stark violations. The SRDP fills a gap left in 2009 when the OIG stopped accepting Stark self-disclosures.

The PPACA has made the already complex Stark Law even more challenging. Healthcare providers and their counsel must understand how to comply with the self-referral requirements including how to make self-disclosures and the potential advantages and disadvantages of making self-disclosures.

Listen as our authoritative panel of healthcare attorneys examines what healthcare entities should do if they discover an apparent Stark Law violation, whether and how to use the SRDP, and offers best practices for self-referral disclosure.



  1. Requirements of the SRDP
    1. Scope of the SRDP
    2. Cooperation with OIG and DOJ
    3. Mechanics of making a disclosure
    4. CMS’ verification
    5. Payments
    6. Cooperation and removal from the SRDP and timeliness of disclosure
    7. Factors considered in reducing the amounts owed
    8. Relationship between the SRDP and the PPACA provision on the return of overpayments
  2. Best practices for self-referral disclosure
    1. Are there any alternatives to self-disclosure?
    2. When to disclose and to whom
    3. Potential risks of making a self-disclosure
    4. Preserving privileged communications
    5. Negotiating with CMS


The panel will review these and other key questions:

  • How is healthcare reform changing the landscape for physician self-referral?
  • What factors are to be considered for self-disclosure protocol?
  • What practices can healthcare providers adopt to ensure compliance with self-referral disclosure requirements?


Lisa Ohrin
Lisa Ohrin

Katten Muchin Rosenman

She counsels healthcare facilities and other healthcare organizations on risk management, fraud and abuse, corporate...  |  Read More

Donald H. Romano
Donald H. Romano
Arent Fox

He focuses on physician self-referral (Stark) anti-kickback matters and Medicare reimbursement issues affecting...  |  Read More

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