Alerts12.1.20

Final Rules Amend the Stark Law and Anti-Kickback Statute Regulations to Promote Coordinated Healthcare

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Highlights

CMS and OIG issued long-awaited final rules, set to take effect Jan. 19, 2021, to modernize and clarify the Stark Law and Anti-kickback Statute  

New exceptions and safe harbors will promote coordinated services among healthcare providers and emphasize value-based payment and collaborative care

The final rules acknowledge the role of electronic health records and cybersecurity technology – allowing providers to share resources without running afoul of various regulations


On Nov. 20, 2020, the U.S. Department of Health and Human Services (HHS) released final rules clarifying and revising the regulatory exceptions to the Physician Self-Referral Law (also known as the Stark Law), the Anti-Kickback Statute (AKS) safe harbors, and the civil monetary penalty laws related to beneficiary inducements law. The new rules are intended to reduce regulatory barriers, accelerate the shift in service reimbursement from volume to value-based payments, and advance coordinated care across healthcare settings.

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