If the institution is basing its decision on the IRS or Stark laws, then it or its legal counsel should be able to cite exactly which section of the laws it is attempting to comply with. At a minimum, seek this clarification from your institution.
The IRS and Stark laws, and the resulting regulations, are immensely complicated. The substance of the Stark laws can be found in Section 1877 of the Social Security Act (42 U.S.C. 1395nn), and regulations related to the Stark laws were published in the Federal Register. You can access the Federal Register documents online at http://www.cms.hhs.gov/medlearn/refphys.asp.
If you think the financial impact of this situation is significant enough, you and your colleagues may want to hire a health care consultant or attorney who is knowledgeable in this area and who can advise you on the particulars of your situation. One resource for finding such a consultant or attorney is FP Assist, a service of the AAFP. You can access this service online or by calling 800-274-2237, ext. 4148
Does Stark require my employer to make salary and benefits changes?
FAQ: Anti-kickback/Stark









