Section 338.7003. Stark Law" revision; adoption by reference.

(1) In accordance with section 16221(e)(iv)(B) of the code,  the department has officially taken notice of the regulations promulgated by cms under the stark law that have been published since June 3, 2002 when the department adopted the federal physician self-referral law. The department has found that the regulations pertain to referrals by physicians for designated health services and that they continue to protect the public from inappropriate referrals by physicians. Therefore, the department adopts by reference, as provided for in section 16221(e)(iv)(B) of the code, the  new regulations promulgated by cms known as "Phase III" which includes the following: Final Rule, 72 Fed. Reg.  51012  (September  5,  2007),   effective December 4, 2007,

Final Rule, 72 Fed. Reg. 64161 (November 15,  2007), effective December 4, 2007, (rule delaying effect of certain provisions in 72 FR 51012 until December 4, 2008), and Correction Notice of Final Rule, 72 Fed. Reg. 68075 (December 4, 2007). The department also adopts by reference the new exceptions to the stark law promulgated by cms concerning electronic prescribing and health records arrangements which include the  following: Final Rule, 71 Fed. Reg. 45140 (August 8, 2006), effective October 10,

2006.

(2) All federal regulations   noted  in  subrule  (1)  of  this   rule  are available at no cost at www.access.gpo.gov.    These   regulations    also    are available   for inspection and

distribution at cost from the  Bureau    of Health Professions, Michigan Department of Community  Health,   611   West Ottawa,  P.O.  Box  30670, Lansing, MI 48909.

History: 2009 AACS.