NEWS FLASH
Stark II Modifes Direct Supervision Requirements

The Stark II rules issued on January 3 modify the direct supervision requirement under the in-office ancillary services exception to apply the general supervision requirements under Medicare and Medicaid payment and coverage rules. This statement indicates that HCFA has abandoned the direct supervision requirement in favor of a supervision requirement that matches the Medicare payment rules. Stark II also treats solo shareholder practices as favorably as group practices. These are major victories for SVT, with thanks to the law firm of Arent Fox, lawyer Bill Sarraille, and SVT’s Government Relations Committee.

HCFA reports that during the comment period, “Several practitioners of ultrasonography commented that a direct supervision requirement that mandates physician presence for in-office ancillary services unfairly benefits radiologists, who are generally available on-site because they do not have "patients" to see or other responsibilities, while disadvantaging vascular laboratories that operate without physicians on-site. The commentators suggested that the rule require that ultrasound examinations and interpretations be performed in accordance with standards set by independent professional associations.”

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