Changes Proposed for Physician Self-referral, Anti-kickback Regulations

Posted on October 10, 2019

The U.S. Department of Health & Human Services recently released proposed revisions to the federal anti-kickback and physician self-referral (Stark law) rules. These revisions are intended to allow flexibility in value-based payment arrangements and coordinated care, which will facilitate better patient care by eliminating the existing, outdated barriers to provider relationships imposed by the original Stark law and the anti-kickback provisions.

The proposed rule changes include safe harbors that allow hospitals to pay physicians incentives as part of care models sponsored by the Centers for Medicare & Medicaid Services; as part of activities designed to improve quality, outcomes or efficiency; or as part of value-based arrangements that include downside risk. In addition, the proposed rules would allow physicians to share information among themselves or with hospitals to manage patient care through data analytics.

Because the rules have not yet been printed in the Federal Register, the deadline for comments is not available. The MHA will send members details of the rules when they are available, including how to comment and the date comments are due. For more information, contact Laura Appel at the MHA.

Tags: Medicare, Medicaid, Laura Appel, Stark law

Posted in: Issues in Healthcare, Member News

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