October 10, 2019

New Stark and AKS Rules Posted by CMS

With value-based care at the center of healthcare arrangements between payors and providers, CMS and HHS OIG have published a notice of proposed rulemaking, stating in a fact sheet that the current reach of the AKS may potentially inhibit “beneficial arrangements that would advance the transition to value-based care and improve the coordination of patient care among providers and across care settings in both the Federal health care programs and commercial sector.”  The proposed rule focuses on collaboration between treating providers and payors, and puts quality of care at the forefront of the proposed changes.  Also, the proposed changes to the Stark Law aim to put “patients over paperwork” by focusing on quality, rather than the strict guidelines currently in place.