Compensation Rules Under New Stark Laws Addressed in Webinar

The webinar Compensation Rules Under the New Stark Laws will be offered from 11 a.m. to 12:15 p.m. ET May 26 to outline new rules under the Physician Self-Referral Law, commonly known as the Stark Law, surrounding value-based payment arrangements. The new rules apply to the requirements of fair market value, commercial reasonableness and the “volume or value” standard.

The details of the game-changing modernization will be explained, including:

  • Existing relationships with physicians that may not fit squarely within the framework, or circumstances that may dictate veering from values identified in healthcare salary surveys.
  • The revised definition of commercially reasonable and what is allowed, like arrangements not all based on profit.
  • When compensation accounts for the volume or value of a physician’s designated health services referrals or other business generated.

Arthur deVaux, JD, an attorney in the healthcare practice group at Hall Render Killian Heath & Lyman; Alessa Quiñones-Ortiz, JD, MHA, Spectrum Health legal counsel; and Ted Tackett, MBA, a principal in the Physician Workforce Practice at SullivanCotter, will share their expertise and experience.

The webinar is free to MHA members, but registration is required. Members with questions should contact Erin Steward at the MHA.

Webinar Outlines Opportunities Under New Stark Laws

The MHA will outline details of the “game changing” modernization of the Physician Self-Referral Law, commonly known as the Stark Law, and the safe harbors under the anti-kickback statute in the upcoming webinar Stark Law Changes: Opportunities for Alignment and Care Coordination scheduled for 11 a.m. to 12:15 p.m. EST, Jan. 28.

The webinar, designed for physicians, executives, and contract administrators, will outline new, permanent exceptions for value-based arrangements permitting physicians and other healthcare providers to design and enter into value-based arrangements; protection for non-abusive, beneficial arrangements that apply regardless of whether the parties operate in a fee-for-service or value-based payment system; and safe harbor regulation protections around value-based arrangements, accountable care organizations, electronic health records and many more areas.

The webinar is free to MHA members, but registration is required. Members with questions should contact Erin Steward at the MHA.

Webinar Outlines Opportunities Under New Stark Laws

The details of the “game-changing” modernization of the physician self-referral law, commonly known as the Stark Law, and the safe harbors under the anti-kickback statute will be explained in the MHA webinar Stark Law Changes: Opportunities for Alignment and Care Coordination, scheduled from 11 a.m. to 12:15 p.m. EST Jan. 28.

The webinar, designed for physicians, executives and contract administrators, will outline new, permanent exceptions for value-based arrangements permitting physicians and other healthcare providers to design and enter into value-based arrangements; protection for nonabusive, beneficial arrangements that apply regardless of whether the parties operate in a fee-for-service or value-based payment system; and safe harbor regulations protections around value-based arrangements, accountable care organizations, electronic health records and many more areas.

The webinar is free to MHA members, but registration is required. Members with questions should contact Erin Steward at the MHA.

CMS Finalizes Modernization Changes to Physician Self-referral Regulations

The Centers for Medicare & Medicaid Services (CMS) recently released finalized changes to the physician self-referral regulations, also known as the Stark Law. These regulations will take effect Jan. 19, except for amendment number 3, which addresses the payment of profit shares and will be codified Jan. 1, 2022.

The recent updates are intended to reduce administrative burdens on physicians ordering or referring certain health services payable by Medicare or Medicaid to a hospital with which the physician (or physician’s family member) has a financial relationship. These changes are designed to give healthcare providers flexibility to remain relevant as patient care evolves.

The final rule enacts the following policies:

  • Value-based Arrangements. New and permanent exceptions for value-based arrangements, which will permit physicians/providers to design and enter value-based arrangements without fear that coordinated patient care would violate the physician self-referral law. The CMS clarifies that the value-based arrangement definition does not cover compensation arrangements between a payer and a physician (e.g., physician participating in an Advanced Alternative Payment Model, or APM, sponsored by the CMS).
     
  • Compliance with Anti-kickback Statute. The CMS took actions to decouple the physician self-referral law from the federal anti-kickback statute by removing requirements that an arrangement not violate the anti-kickback statute in the physician self-referral law. This update is a direct response to stakeholders asking that the physician self-referral law not include federal anti-kickback rules.
     
  • Cybersecurity Technology and Services. The donation of hardware is not protected from Stark Law provisions, and any donated technology and services must be necessary and used to implement and maintain effective cybersecurity. Offering or providing such services and technology cannot be conditioned on future referrals or business.
     
  • Electronic Health Records Exception. The CMS amends the existing exception for electronic health records items and services by removing provisions addressing information blocking; removes the Dec. 31, 2021, expiration date; and modifies the definition of interoperability to conform to the 21st Century Cures Act.

More information on the final rule is available in the Federal Register, and members with questions should contact Renée Smiddy at the MHA.