October 21, 2019 Chair's Column

Chair's Column: Navigating Stark and AKS: Resources from the ABA

John H McEniry IV, Fagron North America, Fairhope, AL

As you know, comprehensive proposed updates to the already complex Stark Law and Anti-Kickback Statute regulations were recently released. Health Law Section (“HLS”) Vice Chair Clay Countryman remarked that the morning they were released felt like a birthday party thrown by CMS and OIG where health lawyers got to unwrap each rule, study its impact, and identify new opportunities available for their clients. CMS and OIG undoubtedly provided us with a lot of information to digest! Fortunately, the HLS is ready to fill you in on what you need to know about both sets of proposed rules. Here’s a summary of the gifts we have planned to help our members navigate these developments:

Redline versions of the Stark and the AKS/CMP proposed rules
are now available exclusively to you as a free benefit of your Health Law Section membership. Thank you to Clinton Mikel of the Health Law Partners for this resource! 

·         Sign up now for a 2-hour CLE webinar, "Head Start: What You Need To Know Now About the Newly Proposed Stark Regulations," being held Wed, October 30 at 10am – Noon EST.  Register now for free and you will also receive a free recording to listen to even if you can't make the live times.

This exclusive Health Law Section webinar will feature CMS speakers:

    • Kimberly Brandt, Principal Deputy Administrator for Operations
    • Lisa Ohrin Wilson, Senior Technical Advisor
    • Matthew Edgar, Health Insurance Specialist

Note if you've already preregistered, you'll receive notice early next week. A separate AKS "Head Start" webinar will be announced shortly.

  • The Health Law Policy Committee is coordinating with HLS Interest Groups to prepare comments to both proposed rules. If you are interested in participating in the drafting of these comments, please contact HLS Director Simeon Carson (simeon.carson@americanbar.org) and specify which rule, Stark or AKS.
  • At the upcoming Washington Health Law Summit, which will be held on December 9-10, the HLS will feature a keynote address from CMS Principal Deputy Administrator for Operations Kimberly Brandt regarding the Stark Law. Additionally, there will be a plenary panel, “All Things Stark in 2019,” featuring Lisa Ohrin Wilson from CMS. Register now.
  • Substantive articles on both Stark and AKS are being drafted for The Health Lawyer.

I hope you find these resources helpful as you navigate complex issues presented by Stark and AKS. If you have ideas for other ways the HLS should be respond to these or other critical health law regulations, please contact HLS Director Simeon Carson (simeon.carson@americanbar.org).

Further, if you are not a member of an Interest Group or Task Force, please consider joining one.  Interest Groups and Task Forces address specific substantive issues and practice areas in health law.  In addition to providing timely and relevant information, these groups offer opportunities for participation, interaction and networking amongst HLS members with common interests.  As part of your HLS membership, you may join up to three Interest Groups and Task Forces at no additional cost.  Please visit Section Interest Groups to learn more about these great benefits to your HLS membership.