Sec. 50404. MODERNIZING THE APPLICATION OF THE STARK RULE UNDER MEDICARE
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## SEC. 50404 MODERNIZING THE APPLICATION OF THE STARK RULE UNDER MEDICARE ###
(a)Clarification of the Writing Requirement and Signature Requirement for Arrangements Pursuant to the Stark Rule ####
(1)Writing requirement 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: > > ##### “(D) Written requirement clarified > > 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.” > . ####
(2)Signature requirement 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: > > ##### “(E) Special rule for signature requirements > > 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— > > > ###### “(i) > > 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 > > > ###### “(ii) > > the compensation arrangement otherwise complies with all criteria of the applicable exception.” > . ###
(b)Indefinite Holdover for Lease Arrangements and Personal Services Arrangements Pursuant to the Stark Rule Section 1877(e) of the Social Security Act (42 U.S.C. 1395nn(e)) is amended— ####
(1)in paragraph (1), by adding at the end the following new subparagraph: > > ##### “(C) Holdover lease arrangements > > 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— > > > ###### “(i) > > 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; > > > ###### “(ii) > > the holdover lease arrangement is on the same terms and conditions as the immediately preceding arrangement; and > > > ###### “(iii) > > 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 ####
(2)in paragraph (3), by adding at the end the following new subparagraph: > > ##### “(C) Holdover personal service arrangement > > 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— > > > ###### “(i) > > the personal service arrangement met the conditions of subparagraph
(A)when the arrangement expired; > > > ###### “(ii) > > the holdover personal service arrangement is on the same terms and conditions as the immediately preceding arrangement; and > > > ###### “(iii) > > the holdover arrangement continues to satisfy the conditions of subparagraph (A).” > . ## Subtitle B Additional Medicare Provisions
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Sec. 50404
MODERNIZING THE APPLICATION OF THE STARK RULE UNDER MEDICARE
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