CMS Stark Law Proposal Goes Beyond Value-Based Care

Law360 (October 15, 2019, 4:25 PM EDT) -- On Oct. 9, the Centers for Medicare & Medicaid Services of the U.S. Department of Health and Human Services released its long-awaited proposed rule updating and clarifying the physician self-referral Stark Law regulations. It will be published in the Federal Register on Oct. 17.

CMS’ proposed rule was released together with the HHS Office of Inspector General’s proposed rule updating the anti-kickback statute and civil monetary penalty law regulations as part of HHS’s Regulatory Sprint to Coordinated Care, which aims to promote value-based care. This overview addresses the highlights of CMS’ proposed rule.

Unlike the anti-kickback statute, violations of the Stark...

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