On July 8, 2015, the Centers for Medicare & Medicaid Services (CMS) published a notice of proposed rulemaking to amend its regulations implementing and interpreting the Stark Law (the Proposed Rule). 80 Fed. Reg. 41,686, 41,909–30 (July 15, 2015), amending 42 C.F.R. § 411.351 et seq. CMS also used this Proposed Rule to state its positions on certain questions of Stark Law interpretation and application, and to solicit comments from the industry on whether the Stark Law is a barrier to health care delivery and payment innovation, and whether the industry needs more guidance on how the Stark Law applies to physician compensation.

Notably, the Proposed Rule adds two new Stark Law exceptions—one for financial assistance to practices to recruit primary care non-physician practitioners and one for “time-share” arrangements.