Recently, the Centers for Medicare and Medicaid Services (CMS) issued an advisory opinion (No. 2011-01) approving under the federal Physician Self-Referral statute (commonly referred to as the Stark Law) a physician recruitment arrangement that included a noncompetition clause.
CMS is the agency that issues advisory opinions regarding proposed transactions and whether they are in compliance with the Stark Law. Advisory opinions on the Stark Law are less common than those issued for the federal Anti-Kickback statute. Advisory opinions relative to the federal Anti-Kickback statute are issued by the U.S. Department of Health and Human Services Office of Inspector General.
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