Nearly a decade after the Affordable Care Act signaled a transition of the U.S. health care system to value-based care, the Department of Health and Human Services (HHS) published on October 9 two long-awaited proposed rules intended to “modernize and clarify” the physician self-referral law (Stark Law) and federal anti-kickback statute (AKS) to reduce regulatory burdens and accelerate the transition.
These proposals – an AKS Proposed Rule issued by the HHS Office of Inspector General (OIG) and a Stark Proposed Rule issued by the Centers for Medicare & Medicaid Services (CMS) – follow and incorporate feedback from corresponding Requests for Information issued in summer 2018 as part of HHS’s “Regulatory Sprint to Coordinated Care.” Part 1 of this client alert focuses on HHS’s proposals to allow and encourage the shift toward value-based payment under both the AKS and Stark Law, as well as other key AKS proposals, including important changes to the warranty and personal services safe harbors. Part 2 will follow and will focus on important proposals to further update and amend the Stark Law regulations.
Authored by Helen Trilling, Ronald Wisor, Thomas Beimers, Eliza Andonova, Andrew Furlow, David Thiess, Laura Hunter, and Maria Malas
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