HHS tackles barriers to value-based care: Part 1 – new protections for value-based arrangements under Stark and the AKS and other key AKS changes

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.

 

button

 

Authored by Helen Trilling, Ronald Wisor, Thomas Beimers, Eliza Andonova, Andrew Furlow, David Thiess, Laura Hunter, and Maria Malas

Contacts
Helen Trilling
Senior Counsel
Washington, D.C.
Ronald Wisor
Partner
Washington D.C.
Thomas Beimers
Partner
Washington D.C.
Eliza Andonova
Partner
Washington D.C.
David Thiess
Counsel
Washington D.C.
Laura Hunter
Associate
Washington D.C.

 

This website is operated by Hogan Lovells Solutions Limited, whose registered office is at 21 Holborn Viaduct, London, United Kingdom, EC1A 2DY. Hogan Lovells Solutions Limited is a wholly-owned subsidiary of Hogan Lovells International LLP but is not itself a law firm. For further details of Hogan Lovells Solutions Limited and the international legal practice that comprises Hogan Lovells International LLP, Hogan Lovells US LLP and their affiliated businesses ("Hogan Lovells"), please see our Legal Notices page. © 2021 Hogan Lovells.

Attorney advertising. Prior results do not guarantee a similar outcome.