COVID-19: Frequently Asked Questions

Below are some of the most frequently asked questions CMA has received during the COVID-19 outbreak. By default, the most recent answers will appear up top. You can also filter the FAQ by category. We will update this resource regularly.

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What is the Federal Anti-Kickback Statute and how does it differ from Stark law?

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Both the Anti-Kickback Statute and Stark law prohibit the exchange of remuneration for patient referrals to Federal health care programs, but there are significant differences. The Anti-Kickback Statute is a criminal statute that requires knowing and willful behavior and applies to referrals from any person for any type of service. The Stark law is a civil, strict liability statute that applies to referrals of certain “designated health services” by physicians and the remuneration between those physicians (or their immediate family members) and entities that provide such designated health services.

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Your use of the CMA website, including information provided on the COVID 19 Resource Page is governed by the Terms of Use and Privacy Policy linked below.  All CMA Content, including COVID 19 related content, is provided for informational purposes only and is not intended as medical or legal advice, or as a substitute for the medical advice of a physician or the legal advice of an attorney. Physicians should contact their professional liability and other insurers and an attorney for specific advice.

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