von Briesen Health Law Blog

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July 22, 2009

House Bill Proposes to Exclude Certain Imaging Services from the In-office Ancillary Services Exception to the Stark Law

Filed under: Fraud and Abuse, Legislation WatchJeff Mark @ 12:51 pm

Rep. Jackie Speier (D-CA) introduced HR 2962, or the Integrity in Medicare Advanced Diagnostic Imaging Act of 2009 that would amend Title XVIII of the Social Security Act. The bill would exclude diagnostic MRIs, CT, and PET from the exception to the Stark Law for in-office ancillary services. Group practices typically rely on this exception to provide patients with access to imaging services in their offices rather than sending patients to third party providers.

It appears likely that the bill will be incorporated into the Healthcare Reform Package that is currently being debated in the Energy and Commerce Committee. Supporters of the bill contend that the over utilization of imaging services through the practice of self-referral places a burden on an already cash strapped Medicare system. Opponents of the bill contend that the existing exception recognizes that referrals within a group practice promote quality, efficiency, and advance the continuity of care offering substantial benefit to patients. Read the bill here.