Lexology December 17, 2019
Manatt Phelps & Phillips LLP

In October 2019, the Department of Health & Human Services (HHS) released two rules that propose sweeping reforms to the regulations governing fraud and abuse in federal healthcare programs, including Medicare and Medicaid. The first proposed 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.” Each proposal includes a number of new protections for so-called “value-based arrangements,” as well as a number of other substantive changes that materially loosen various existing restrictions. The deadline for public comment on both rules is December 31, 2019.

Background of the...