November 20, 2020
Just today, The Centers for Medicare & Medicaid Services (“CMS”) and the U.S. Department of Health and Human Services Office of Inspector General (the “OIG”) released the long awaited final Stark Law and Anti-Kickback Statute rules. The Stark final rule is over 600 pages and contains new permanent exceptions for value-based arrangements as well as additional guidance on requirements of existing exceptions. By way of example, the final rule provides guidance on how to determine if compensation meets fair market value. The Stark final rule can be found here. The Anti-Kickback final rule is over 1,000 pages, modifies four existing safe harbors, and contains seven new safe harbors. To view the Anti-Kickback final rule in its entirety, visit here. We are in the process of reviewing each of the final rules and will provide more concise analysis and explanation in future updates over the coming weeks.