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STARK II PHASE III: A Detailed Section-By-Section Analysis of the Long-Awaited “Final” Rule

Client Alert | 1 min read | 10.02.07

 The Crowell & Moring Health Care Group is pleased to provide our clients, colleagues, and friends with our legal analysis of the Stark II Phase III Regulations, recently published in the September 5, 2007 Federal Register. These new regulations present both welcome relief and unanticipated future challenges in the manner in which physician financial relationships with DHS entities are structured. Our goal in preparing this analysis was to create a thoughtful, practical, and "user-friendly" Stark Law resource that incorporates references to prior rulemaking as well as to the proposed 2008 Medicare Physician Fee Schedule Rule. We hope you'll agree that we have accomplished this goal. As always, please feel free to contact your regular Crowell & Moring attorney if you have any questions regarding the analysis, which can be accessed by clicking on the image or link below.




www.crowell.com/pdf/expertise/healthcare/StarkLaw_2007.pdf


Insights

Client Alert | 3 min read | 07.10.26

Federal Circuit Clarifies Application of Blue & Gold: Proposal Submission Deadline, Not Award, is the Operative Time for Filing

In Utech, Inc. v. United States, No. 24-1586 (Fed. Cir. June 24, 2026), the U.S. Court of Appeals for the Federal Circuit clarified that in most cases, a pre-award protest must be filed before the proposal submission deadline to avoid the Blue & Gold waiver rule.  This decision, while nonprecedential, is in line with U.S. Government Accountability Office (GAO) precedent, which has long held that pre-award protests must be filed before the proposal submission deadline....