Stark Law Recognizes Same Sex Marriages for Purposes of Immediate Family Member Definition

CMS recently updated its Frequently Asked Questions related to the prohibition on physician self-referral to be consistent with Department policy to treat same-sex marriages “on the same terms as opposite sex marriages to the greatest extent reasonably possible.” In reaction to the Supreme Court’s decision in United States v Windsor, where the Court found part of the Defense of Marriage Act unconstitutional, CMS clarified that the definition of an “immediate family member” of a physician does include the lawfully married same-sex… Read More >