CMS to Review Stark Law Relevance Once Again

CMS to Review Stark Law Relevance Once Again

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By Health Capital Consultants LLC

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On June 25, 2018, the Centers for Medicare & Medicaid Services (CMS) issued a Request for Information (RFI) related to the regulatory burden of the physician self-referral law (known as the Stark Law), on both providers and the overall healthcare industry.
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The aim of this request is to determine whether revision(s) of healthcare fraud and abuse laws is needed in order to remove any regulatory impediments to the accelerating shift toward value-based reimbursement (VBR) and coordinated care, and further innovation in the U.S. healthcare delivery system. (Read more…) 
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4 Responses

  1. CMS Delays Changes to Stark Law, Anti-Kickback Regulation

    The Centers for Medicare & Medicaid Services (CMS) is delaying the publication of a final rule aimed at changing an anti-kickback regulation and making adjustments to Stark Law regulations until August 2021. The Centers for Medicare & Medicaid Services (CMS) is delaying the publication of a final rule aimed at changing an anti-kickback regulation and making adjustments to Stark Law regulations until August 2021.

    CMS says the new rule would create permanent exceptions in the law for value-based arrangements, citing a 2018 request for information which showed industry stakeholders felt the steep consequences of not complying with the Stark Law are so dire that doctors and other providers are discouraged from entering into arrangements that improve quality, increase efficiency, and lower costs. The new rule would also provide much-needed guidance on several key requirements that must be met so that physicians and providers can comply with the Stark Law.

    Source: Keith A Reynolds, Medical Economics

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  2. CMS Finalizes Changes to Physician Self-Referral Regulations

    CMS announced it has finalized changes to the Physician Self-Referral Law. The law prohibited physicians from making referrals to an entity for certain health care services if the physician had a financial relationship with the entity. The changes made to the Physician Self-Referral Law, also known as “Stark Law,” will create clearer paths for providers to serve patients through enhanced coordinated care arrangements, resulting in better access and outcomes for patients, according to CMS.

    Proposed policies finanlized in the rule include the following: 1) additional guidance on key requirements of the exceptions to the physician self-referral law to make it easier for physicians and other health care providers to make sure they comply with the law; 2) protection for non-abusive, beneficial arrangements that apply regardless of whether the parties operate in a fee-for-service or value-based payment system, such as donations of cybersecurity technology that safeguard the integrity of the health care ecosystem; and 3) a reduction in administrative burdens that drive up costs by taking money previously spent on administrative compliance and redirecting it to patient care.

    Source: Orthopedics Today [11/23/20]

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