Manatt Health November 30, 2020
On November 20, 2020, the Department of Health and Human Services (HHS) published two rules that finalize sweeping reforms to the regulations governing fraud and abuse in the Medicare and Medicaid programs. The first rule, published by the HHS Office of Inspector General (OIG), focuses primarily on the Anti-Kickback Statute (AKS). The second rule, published by the Centers for Medicare & Medicaid Services (CMS), addresses the Physician Self-Referral Law, commonly referred to as the “Stark Law.” These final rules take effect on January 19, 2021—the day before Inauguration Day—suggesting that the Trump Administration may have timed the release of these rules with an eye toward preventing the incoming Biden Administration from delaying implementation.
These rules finalize many of the policies...