Lexology June 1, 2020
The Centers for Medicare and Medicaid Services (CMS) issued sweeping waivers related to compliance with the Ethics in Patient Referral Act (Stark) to assist health care providers in servicing patients during the Coronavirus Disease 2019 (COVID-19) health care emergency. These waivers are designed to assist health care professionals in meeting the need to provide staffing and services to patients. While the waivers are broad in nature, they are specific to the COVID-19 emergency, and accordingly, are not general waivers of the prohibition on physician self-referrals; the waivers excuse certain elements of compliance to meet some of the exceptions. Similarly, the Office of Inspector General (OIG) released a statement of policy that joined with the CMS waivers, announcing that it would...
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