Is intent required for a violation of the Stark Law regarding overpayment?

The Stark Law, which governs physician self-referral, is based on the principle of strict liability. This means that the law does not require any intent to violate its provisions; rather, the mere fact that a violation has occurred is sufficient for liability. In the context of overpayments, if a healthcare provider receives an overpayment due to referrals that violate the Stark Law, they are obligated to return that amount, regardless of whether they intended to violate the law or not.

Strict liability holds individuals and entities accountable for the consequences of certain actions, irrespective of their intent. Thus, in cases related to overpayment and Stark Law violations, enforcement actions can proceed without the need to demonstrate that the violator intended to act against the law. This establishes a clear expectation that healthcare providers must be diligent in understanding and complying with the law, as any breach can result in significant penalties, regardless of their state of mind at the time of the infraction.