By its express terms, the Stark Law applies to dentists, including them within the definition of “physician.” As a practical matter, however, the Stark Law is limited in its reach to orthodontists and other dental practitioners because Medicare does not cover most dental services.

Who does the Stark Law apply to?

The Stark statute applies only to physicians who refer Medicare and Medicaid patients for designated health services to entities with which they (or an immediate family member) have a financial relationship. There are almost 20 exceptions to the Stark statute.

Who enforces the Anti Kickback Statute?

The Department of Justice (DOJ) enforces the criminal penalties of the AKS. The criminal penalties include fines of up to $100,000 and ten-years’ imprisonment.