CMS and the OIG Issue Final Rules Modernizing and Clarifying the Federal Stark and Anti-Kickback Laws

In a coordinated effort, on November 27, 2020, the Centers for Medicare & Medicaid Services (CMS) and the Office of Inspector General (OIG) published final rules to modernize regulations implementing the federal physician-self-referral law, commonly referred to as the “Stark Law” (Stark), the federal Anti-Kickback Statute (AKS), and the beneficiary inducement provisions of the Civil Monetary Penalties Law (CMP Law). Together, the final rules implement a framework to support transitions to value-based payment models and promote improvements in technology infrastructure. Perhaps most notable, however, are the strides CMS has taken toward adding flexibility and attempting to clarify the Stark regulations.

On the same day, in an effort to increase transparency in drug pricing and lower those prices, the OIG separately released a final rule to alter the way prescription drug discounts are handled and to protect certain drug-manufacturer payments to pharmacy benefit managers (PBMs).

Although the regulations remain complex, the healthcare industry should be pleased with the new flexibilities to support innovation, the avenues to protect financial relationships with referral sources, and the clarifications to help fend off frivolous whistleblower lawsuits...

Please see full Publication below for more information.

LOADING PDF: If there are any problems, click here to download the file.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Bass, Berry & Sims PLC | Attorney Advertising

Written by:

Bass, Berry & Sims PLC

Bass, Berry & Sims PLC on:

Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
Custom Email Digest
- hide
- hide

This website uses cookies to improve user experience, track anonymous site usage, store authorization tokens and permit sharing on social media networks. By continuing to browse this website you accept the use of cookies. Click here to read more about how we use cookies.