Friday, January 15, 2021
On Nov. 20, 2020, the Department of Health and Human Services (HHS) Office of Inspector General (OIG) and the Centers for Medicare and Medicaid Services (CMS) issued two final rules, which implement changes to the Anti-Kickback Statute (AKS) and Physician Self-Referral Law (Stark Law) regulations (respectively the OIG Final Rule and the CMS Final Rule, collectively the Final Rules).
[1] This alert is a part of the Dinsmore Health Care practice group’s ongoing summary of the Final Rules.
In an attempt to transform the health care system into “one that pays for value,” the Final Rules provide new exceptions and safe harbors for value-based arrangements. The Final Rules are intended to allow more flexibility and additional avenues for health care providers to structure value-based arrangements. Existing value-based arrangements that are already in compliance with a Stark exception or AKS safe harbor are not required to use one of the new exce
Wednesday, January 6, 2021
On Jan. 19, 2021, the two recent final rules issued by the Department of Health and Human Services Office of Inspector General (OIG) and the Centers for Medicare and Medicaid Services (CMS) regarding changes to the Physician-Self Referral Law (Stark Law) and the Anti-Kickback Statute (AKS) regulations (respectively the OIG Final Rule and the CMS Rule, collectively the Final Rules) will become effective.[1] This alert is a part of the Dinsmore Health Care practice group’s ongoing summary of the Final Rules.
The CMS Final Rule implements changes to the Stark Law and offers several clarifying provisions related to key Stark Law terms and concepts. Included in the changes are definitions and special rules related to: (1) commercial reasonableness, (2) the volume or value standard and other business generated standard, and (3) fair market value and general market value.