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Print articleHighly Anticipated Final Rules on Stark Law Anti-Kickback Statute Published
November, 2020 - Jesse Neil, John Wesley Williamson
The Department of Health and Human Services (HHS) further codified the shift to a value-based care model with the first major overhaul of both the Stark Law and Anti-Kickback Statute since they were first introduced three decades ago.
Earlier this week, the White House completed the final review of the changes, and on Friday, Nov. 20, the Centers for Medicare and Medicaid Services (CMS) and the Office of Inspector General (OIG) simultaneously released the final rules (CMS) (OIG).
The revised rules are designed to provide greater flexibility to providers engaging in a value-based healthcare payment and delivery system as opposed to the traditional fee-for-service model. Providers shared with regulators that the old guidelines had “not kept up with the evolution of a healthcare landscape that is focused more on value than volume.”
According to CMS, the new rules open additional avenues for physicians and other healthcare providers to coordinate the care of the patients they serve — allowing providers across different healthcare settings to work together to ensure patients receive the highest quality of care.
The final rule will take effect 60 days after the date of display in theFederal Registerfor all but one provision (which is effective January 1, 2022).
Waller’s healthcare professionals are analyzing these changes and the potential impact for our clients. Be watching for additional analysis of these new rules in the coming days and weeks. As with any significant policy update, there are going to be winners and losers as the stakeholders assess the changes and adapt their operational strategies. Please contact our team if you have any questions about immediate or future impacts.
