Under Stark Law, is an ambulatory surgery center considered one of the designated health services for which referrals by physicians with financial interests are prohibited?

• A. Yes
• B. No
• C. Only for non Medicare patients
• D. Only if affiliated with a hospital

Answer: (B)

Under Stark Law, the restriction applies to referrals for designated health services. The list of designated health services does not include ambulatory surgical centers. So a physician with a financial interest in an ASC is not barred by Stark from referring patients there simply because the ASC isn’t a designated health service. That said, other rules still matter—arrangements must avoid kickbacks and must fit safe harbors where applicable, and other laws (like the Anti-Kickback Statute and state regulations) could impose limits or additional requirements.