It depends. If the father and son do not refer Medicare-
or Medicaid-designated health services (DHS) to one
another, or if they are in the same practice and any referrals
fit within the in-office ancillary services exception, or
another applicable exception, there is no violation.
If, however, the father and son practice separately,
refer Medicare- or Medicaid-DHS patients to each other,
and no exception applies (such as the “rural” exception),
the referrals could violate Stark. This is because
the law prohibits a physician from referring a Medicare
or Medicaid patient for a designated health service to an
entity with which the physician or an immediate family
member has a financial relationship, unless an exception
applies.
