The Centers for Medicare & Medicaid Services (“CMS”) recently updated its Voluntary Self-Referral Disclosure Protocol (“SRDP”), which allows health care providers and suppliers to voluntarily disclose actual or potential violations of the federal physician self-referral law, commonly known as the “Stark Law.” Beginning November 1, 2026, providers and suppliers must use the updated SRDP forms for all new SRDP submissions.
What Has Changed?
CMS has posted the following revised documents:
- the SRDP itself, which includes the SRDP Disclosure Form;
- the Physician Information Form;
- the Group Practice Information Form; and
- the Special Instructions for physician-owned hospitals and rural providers that failed to disclose physician ownership on their public websites and in public advertising.
The updated forms include several clarifications intended to reduce administrative burden and to streamline the disclosure process, including:
- Repayment to Medicare Administrative Contractors (MACs) Instead of Submitting SRDP Disclosure: CMS clarifies that providers and suppliers may report and refund Stark Law overpayments directly to their MAC instead of submitting a disclosure through the SRDP. With respect to this clarification, CMS noted in the Supporting Statement that a refund to the MAC may be the preferred option if the cost of submitting a self-disclosure through the SRDP may exceed the amount of the disclosed overpayment or when resolution of a matter is required in connection with an imminent transaction.
- Date of Discovery: CMS clarifies that the date of discovery refers to when a disclosing party first became aware of potential noncompliance, rather than when an actual violation was investigated and confirmed. The date-of-discovery question has also been moved to the main SRDP Disclosure Form to eliminate duplicative reporting.
- Consolidated Physician Information Form: CMS expands the circumstances in which a single Physician Information Form may be submitted for multiple physicians for noncompliance with the written notice for imaging services requirement under the in-office ancillary services exception.
Key Takeaways
Health care providers and suppliers considering a Stark Law self-disclosure should review the revised SRDP materials and ensure that any disclosure submitted on or after November 1, 2026 uses the updated forms. Additionally, organizations currently preparing an SRDP submission should confirm that they are working from the most recent CMS-approved versions, particularly if their anticipated submission date falls near or after November 1, 2026.
