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CMS to Review Stark Law Relevance Once Again
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By Health Capital Consultants LLC
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Filed under: Health Law & Policy | Tagged: CMS to Review Stark Law Relevance, Health Capital Consultants LLC |
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STARK LAW
Changes for VBC:
https://www.modernhealthcare.com/law-regulation/stark-law-changes-open-up-value-based-model-participation-verma-says
Betty
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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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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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UPDATE
https://www.healthcapital.com/hcc/newsletter/11_20/HTML/STARK/convert_stark-aks-final-rules-11.24.20a.php
Dr. David E. Marcinko MBA
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