Stark Law and the Affordable Care Act: Bridging the Disconnect

Law makers intended for the original terms of the Ethics in Patient Referrals Act, or the Stark law, to prevent unethical physician self-referrals and to reduce corruption within the medical profession. In the new era of the Patient Protection and Affordable Care Act and the Health Information Technology for Economic and Clinical Health Act, however, the Stark law is causing concern for healthcare systems, providers, and administrators attempting to transition to an increasingly technical, quality-driven healthcare system. The Centers for Medicare and Medicaid Services should issue the proposed exception for pay for performance hospital programs as part of a regulation, extend the electronic health record exception from 2006, and initiate a waiver program for pay for performance programs similar to the waiver program for accountable care organizations.