Lexology April 1, 2020
To enable healthcare entities to address the unique and exigent circumstances created by the COVID-19 public health emergency, the secretary of the Department of Health and Human Services (HHS) issued waivers of sanctions under the Stark Law (Waivers) on March 30. The Waivers are retroactive to Mar. 1 and may be renewed during the declared COVID-19 national and public health emergency (the Emergency) under § 1135(e) of the Social Security Act. HHS may modify or terminate the Waivers on a prospective basis. Notices of any change or termination will be posted on the Centers for Medicare and Medicaid Services (CMS) website.
The Waivers are limited only to remuneration or referrals solely related to “COVID-19 Purposes,” which are defined as:
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