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Stark Post-Waiver Compliance

In response to shifting healthcare needs due to COVID-19, many hospitals may have made decisions in reliance upon the blanket waivers of enforcement of the Stark Law issued by the Secretary of Health and Human Services effective March 1, 2020. Under these waivers, absent any determination of fraud or abuse, if conditions of the blanket waiver are met, CMS will pay claims for health services that may otherwise violate Stark.

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