Industry News

HHS Issues Report on Stark Law Violations and Self-Referral Disclosure Protocol.

Richard P. Kusserow | March 2012

In a mandatory report to Congress, the Department of Health and Human Services (HHS) discussed the implementation of the Stark Self-Referral Disclosure Protocol (SRDP) which allows providers and suppliers to voluntarily disclose and resolve Stark Law violations.

The rest of this page contains details & links about recent happenings around the Stark Self-Referral Disclosure Protocol. If you would prefer a more personalized consultation on Stark Law issues, our associates are here to help. Get in touch by calling (703) 683-9600 or clicking here to fill out our contact form and completing the form.

Self-Referral Disclosure: History & Recent Settlement Finding

The protocol was required by the Patient Protection and Affordable Care Act (PPACA) and the Centers for Medicare & Medicaid Services (CMS) has been charged with overseeing the protocol’s implementation.  HHS reported that since the Start Self-Referral Disclocure Protocol was established in 2010, 148 providers have used the protocol to disclose 150 violations to CMS.

Providers and suppliers that use the SRDP to self-disclose Stark Law violations may be able to reach settlements and/or reduce financial liability based on the severity of the violation.  When a violation is disclosed, HHS considers additional factors related to the Stark Law violation such as:

  • how quickly the violation was discovered;
  • the organization’s safeguards to prevent Stark Law violations;
  • and the entity’s cooperation with HHS.

According to HHS’ report, CMS has collected $783,060 from settlements on disclosed Stark Law violations, which is less than what the agency would have collected if the violations were not voluntarily disclosed.

HHS’ report to Congress discussing the SRDP program is available at:

Learn more about physician arrangements and Stark Law violations

Department of Health and Human Services.  “Report to the Congress: Implementation of the Medicare Self-Referral Disclosure Protocol.”  23 Mar. 2012.

About the Author

Richard P. Kusserow established Strategic Management Services, LLC, after retiring from being the DHHS Inspector General, and has assisted over 2,000 health care organizations and entities in developing, implementing and assessing compliance programs.