Analyzing the Proposed 2019 Stark Reforms

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The United Stated Department of Health and Human Services (“HHS”) published a notice of proposed rulemaking (NPRM) containing proposed changes to the Physician Self-Referral Law (“Stark Law,” or “Stark”) on October 17, 2019. These changes, part of HHS’s “Regulatory Sprint to Coordinated Care,” were intended to reduce regulatory red-tape, facilitate care coordination, and advance value-based care. In general, the NPRM proposed new exceptions applicable to arrangements involving value-based payment, and a variety of technical changes to the existing rules implementing the Stark Law.

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