Lexology December 1, 2020
Following on last October’s publication of two proposed rules, the Department of Health and Human Services (HHS) published on November 20 two final rules intended to “modernize and clarify” the physician self-referral (Stark) law and federal anti-kickback statute (AKS), reduce regulatory burdens, and accelerate the transition to value-based care. These final rules – an AKS Final Rule issued by the HHS Office of Inspector General (OIG) and a Stark Final Rule issued by the Centers for Medicare & Medicaid Services (CMS) – follow corresponding fall 2019 proposed rules and summer 2018 Requests for Information as part of HHS’s “Regulatory Sprint to Coordinated Care.” This second part examines HHS’s implementation of AKS and Stark changes to allow and encourage the industry...
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