CMS Issues Revised Stark Self-Disclosure Form

March 1, 2017 Advisory

On March 28, 2017, the Centers for Medicare and Medicaid Services ("CMS") announced that effective June 1, 2017, all disclosures made pursuant to Self-Referral Disclosure Protocol ("SRDP") must use new Form CMS-10328 available here.

What is the SRDP?

The SRDP was first established by CMS in 2010 in response to the Affordable Care Act's provision requiring the establishment of a formal process for providers and suppliers to self-disclose actual or potential violations of the physician self-referral law, commonly called the Stark Law. The Affordable Care Act gave the Secretary of the U.S. Department of Health and Human Services authority to reduce the amount "due and owing" for Stark Law violations that have been self-disclosed. Given the Stark Law's dizzying complexity, strict liability standard, and severe penalties, the opportunity to disclose and resolve actual and potential violations has been welcomed by health care providers and suppliers.

To read the entire advisory, please click the PDF link below.