Lexology April 17, 2020
In light of the COVID-19 pandemic, on March 30, 2020, the Secretary of the U.S. Department of Health and Human Services (the “Secretary”) released blanket waivers (the “Waivers”) under Section 1135 of the Social Security Act (the “Act”) as to certain referral-related activities that would normally result in sanctions under the Federal Physician Self-Referral Law, 42 U.S.C. 1395nn (the “Stark Law”). Shortly thereafter, on April 3, 2020, the Office of the Inspector General (“OIG”), the entity that enforces the Federal Anti-Kickback Statute (“AKS”), issued a policy statement that it would not seek “administrative sanctions” for conduct that complied with certain of the Secretary’s Waivers. Health care providers should be aware of the scope and limitations on these newly announced waivers.
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