The Office of Inspector General has issued supplemental compliance program guidance for hospitals containing expanded discussions of risk areas and offering compliance recommendations for reduction of risk. The guidance is issued as a draft with a 60 day comment period. Risk areas discussed in the guidance include economic credentialing; EMTALA obligations; billing issues (including discounts to the uninsured); substandard care; waivers, gifts, and transportation for government program beneficiaries; and HIPAA compliance. Areas highlighted also include financial relationships with physicians, including joint ventures, compensation arrangements, recruitment arrangements, malpractice insurance subsidies, and gainsharing arrangements. In this regard, the OIG specifically advises hospitals to "diligently review all financial relationships with referring physicians for compliance with the Stark law." V&E attorneys have experience in assisting hospitals in conducting audits of financial relationships with physicians for compliance with the Stark law and other legal requirements. Given the July 26, 2004, effective date of the recently published Stark II Phase II regulations, prompt review of financial relationships with physicians is recommended.
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