Physicians Practice January 16, 2020
The Department of Health and Human Services (the “Department”) has proposed long-awaited revisions and updates to the Stark and Anti-Kickback Laws (the “Laws”). These changes would address concerns that the Laws as they currently exist (1) prevent participation in value-based arrangements and (2) are overly burdensome to non-abusive arrangements. For example, arrangements such as a hospital’s provision of care coordinators to physicians, which could currently violate the Laws, may become acceptable under the rules proposed by the Office of Inspector General and the Centers for Medicare and Medicaid Services (the “Proposed Rules”).