Sec. 50404. Modernizing the application of the Stark rule under Medicare
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/bill/115/hr/1892/unknown/section-50404·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 1877(h)(1) of the Social Security Act ( 42 U.S.C. 1395nn(h)(1) ) is amended by adding at the end the following new subparagraph: In the case of any requirement pursuant to this section for a compensation arrangement to be in writing, such requirement shall be satisfied by such means as determined by the Secretary, including by a collection of documents, including contemporaneous documents evidencing the course of conduct between the parties involved. . Section 1877(h)(1) of the Social Security Act ( 42 U.S.C. 1395nn(h)(1) ), as amended by paragraph (1), is further amended by adding at the end the following new subparagraph:
In the case of any requirement pursuant to this section for a compensation arrangement to be in writing and signed by the parties, such signature requirement shall be met if— not later than 90 consecutive calendar days immediately following the date on which the compensation arrangement became noncompliant, the parties obtain the required signatures; and the compensation arrangement otherwise complies with all criteria of the applicable exception. . Section 1877(e) of the Social Security Act ( 42 U.S.C. 1395nn(e) ) is amended— in paragraph (1), by adding at the end the following new subparagraph:
In the case of a holdover lease arrangement for the lease of office space or equipment, which immediately follows a lease arrangement described in subparagraph
(A)for the use of such office space or subparagraph
(B)for the use of such equipment and that expired after a term of at least 1 year, payments made by the lessee to the lessor pursuant to such holdover lease arrangement, if— the lease arrangement met the conditions of subparagraph
(A)for the lease of office space or subparagraph
(B)for the use of equipment when the arrangement expired; the holdover lease arrangement is on the same terms and conditions as the immediately preceding arrangement; and the holdover arrangement continues to satisfy the conditions of subparagraph
(A)for the lease of office space or subparagraph
(B)for the use of equipment. ; and in paragraph (3), by adding at the end the following new subparagraph: In the case of a holdover personal service arrangement, which immediately follows an arrangement described in subparagraph
(A)that expired after a term of at least 1 year, remuneration from an entity pursuant to such holdover personal service arrangement, if— the personal service arrangement met the conditions of subparagraph
(A)when the arrangement expired; the holdover personal service arrangement is on the same terms and conditions as the immediately preceding arrangement; and the holdover arrangement continues to satisfy the conditions of subparagraph (A). .
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Sec. 50404
Modernizing the application of the Stark rule under Medicare
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