Comparison Chart of Anti-Kickback Safe Harbors and Stark Exceptions -- Eyeglasses and Contact Lenses Following Cataract Surgery

Eyeglasses and Contact Lenses Following Cataract Surgery – Current as of March 2021

Stark
Stark exception to the referral prohibition related to both ownership/investment and compensation for eyeglasses and contact lenses following cataract surgery 42 CFR 411.355(i)

Anti-Kickback
[No comparable safe harbor]

The eyeglasses and contact lenses are covered by Medicare when furnished to patients following cataract surgery.

 

The eyeglasses or contact lenses are provided in accordance with the coverage and payment provisions set forth in Sec. 410.36(a)(2)(ii) and Sec. 414.228.

 

Billing and claims submission for the eyeglasses or contact lenses complies with all federal and state laws and regulations.

 
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