While a violation of Stark will not result in criminal penalties, it could result in massive civil penalties. Both the referring physician and the health care entity could be liable for:
Up to a $100,000 penalty for each violation;
A refund of the fee collected by the provider that received the referral;
Exclusion from federal and state health care programs; and
Payment of fines of up to $15,000 for each service that a provider “knows or should know” is a Stark violation;
This list is non-exhaustive and may include other penalties that federal regulatory agencies deem appropriate.