Policy & Medicine May 19, 2020
The US Department of Health and Human Services (“HHS”) recently announced that it will issue blanket waivers of the Stark Law for healthcare providers to allow them the flexibility they need to ensure that sufficient health care items and services are available to meet patient needs during the COVID-19 pandemic. In addition, the HHS Office of Inspector General (“OIG”) announced that it will “exercise its enforcement discretion” in applying Anti-Kickback Statute sanctions for the activities related to those blanket waivers.05
HHS notes a number of activities will be exempt from sanctions, absent a determination of fraud or abuse, including the following:
Remuneration from an entity to a physician that is above or below the fair market value (“FMV”) for services...
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