Lexology April 2, 2020
Ropes & Gray LLP

On March 30—but retroactive to March 1—the Secretary of HHS issued a partial waiver of elements of the Stark Law. The waiver is subject to revision and termination, but presumptively will remain in effect for the duration of the COVID-19 public health emergency.

The waiver is not absolute. Much of the Stark Law remains in effect. But the waiver provides broad and welcome relief in particular to hospitals and physician groups seeking to address the simultaneous public health and fiscal crises brought upon them by COVID-19.

The waiver is available here. Our summary of key points follows. For what period is the blanket waiver effective?

The waiver is effective retroactive to March 1, 2020. By statute, it will terminate upon...

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