CMS Advisory Opinion Holds That Provision of a Software Interface to Physicians by a Hospital is not a Compensation Arrangement under Stark
The Centers for Medicare & Medicaid Services ("CMS") recently issued Advisory Opinion No. CMS-AO-2008-01 responding to a hospital system's question asking CMS whether providing to physicians a customized interface to the hospital's electronic health records system would give rise to a compensation arrangement between the physicians and the hospital for purposes of the federal physician self-referral ("Stark") law. CMS concluded that it would not constitute a compensation arrangement under the Stark law because it: (a) would be used only to order and communicate the results of tests and procedures furnished by the hospital; and (b) cannot be modified to perform any alternate function; and (c) cannot be resold, transferred or assigned by an affiliated physician practice. Note, the Advisory Opinion specifically states that it is issued only to the Requestor of the opinion (i.e., the hospital system that asked the question) and cannot be relied on by any other individual or entity.

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Dennis Gallitano Recently Appointed as a Board Member of CHIME
Dennis Gallitano was recently appointed as a Board member of CHIME (College of Healthcare Information Management Executives). Dennis continues to serve as CHIME's General Counsel.