Lexology May 3, 2021
Nelson Mullins Riley & Scarborough LLP

Stark and Anti-Kickback Statute Standards for Value-Based Care

This is the first in a five- part series discussing the new Value-Based Regulations adopted last year by the Centers for Medicare & Medicaid Services and the Office of Inspector General. Click here for a full list of related posts.

At the end of 2020 the Centers for Medicare & Medicaid Services (“CMS”) finalized value-based exceptions under the Stark Law, and the Office of Inspector General (“OIG”) finalized value-based safe harbors under the Anti-Kickback Statute. This was done in a concerted effort to accommodate and allow for the evolution from fee for service health care to value-based care arrangements among providers without violating these laws.

Value-based arrangements are designed to encourage providers...

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