NEWMARK KNIGHT FRANK

OIG Data Confirms That Non-Compliant Real Estate Arrangements Are Costly

Written by: Hall Render


Health care providers subject to the Stark Law and the Anti-Kickback Statute can face significant penalties for non-compliant arrangements. In the event that a provider discovers a potentially non-compliant arrangement, it may elect to disclose the arrangement to government officials in an effort to limit its liability. Potential Stark Law violations are often disclosed to the Centers for Medicare & Medicaid Services (“CMS”) using the Voluntary Self-Referral Disclosure Protocol (“SRDP”). Potential violations of the Anti-Kickback Statute or a combination of the Anti-Kickback Statute and the Stark Law are often disclosed to the Office of Inspector General (“OIG”) using the Provider Self-Disclosure Protocol (“SDP”).

In October, Hall Render analyzed SRDP settlement data published by CMS and SDP settlement data published by OIG. The purpose of our analysis was to identify settlement trends, including the number of published settlements per year and the average published settlement amount. We also analyzed the number of published non-compliant real estate arrangements that resulted in disclosures and whether those arrangements resulted in higher or lower settlement amounts when compared to settlements that did not involve a real estate arrangement.

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