Much-Anticipated Final Rules to Revise Stark Law, Anti-Kickback Statute, Beneficiary Inducement CMP Regulations Released under “Regulatory Sprint to Coordinated Care”
On November 20, 2020, the Centers for Medicare & Medicaid Services (CMS) and the Department of Health and Human Services (HHS) Office of Inspector General (OIG) each released their much-anticipated final rules to revise the federal self-referral law (or “Stark Law”) regulations, the safe harbors under the federal anti-kickback statute (AKS), and regulations under the beneficiary inducements civil monetary penalty law (CMP). The final rules are part of HHS’s “Regulatory Sprint to Coordinated Care,” which seeks to remove regulatory obstacles to care coordination and a value-based healthcare delivery system.
The public inspection copy of the final CMS rules is available here, and the CMS fact sheet on the final rules is available here. The public inspection copy of the final OIG rules is available here, and the OIG fact sheet on the final rules is available here. Both rules will be published in the Federal Register on December 2, 2020. For our prior posts on the Regulatory Sprint to Coordinated Care, see here.
We are reviewing the final rules and will post an in-depth analysis in the coming weeks.