Final Stark Law And Anti-Kickback Rules Released

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On November 20, the Centers for Medicare & Medicaid Services (CMS) and the Department of Health and Human Services’ Office of Inspector General (OIG) announced the issuance of long-awaited final rules to modernize the Stark Law and federal Anti-Kickback Statute (AKS). Proposed changes, intended to promote value-based arrangements for providers and coordinated care for patients, had been in the works since 2018 and were discussed in detail here.

The Stark Law final rule is 627 pages long and the AKS final rule is 1,049 pages, so it will take us some time to review and digest them for posting here. In the meantime, one can review two fact sheets summarizing the new rules, one from CMS for the Stark Law revisions and one from OIG for the AKS revisions.

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.

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