Most of the new changes to the federal Stark and Anti-Kickback Statutes went into effect in January 2021, but another set of changes to the Stark group practice rules will go into effect Jan. 1, 2022.
Medical groups that rely on the group practice rules must ensure that any profit sharing and productivity bonus methodologies are structured to align with the newest changes to the Stark Special Rule for Productivity Bonuses and Profit shares.
A group practice may only aggregate and distribute profits derived from designated health services (DHS) using one of two options:
- The group practice must aggregate the group’s entire profits derived from all DHS before making any distributions to any of its physicians; or
- The group practice must aggregate all of the DHS profits within a pod of at least five physicians before making any distributions within the pod.