Potential Impact of the Final Stark and Anti-Kickback Rules…If They Go into Effect
In late 2020, as part of a flurry of regulatory activity billed as the “Regulatory Sprint to Coordinated Care,” the Trump Administration issued comprehensive final rules governing the physician self-referral law (Stark Law) and the Anti-Kickback Statute and related civil monetary penalty laws (AKS Laws) (collectively, the Final Rule).1 The Final Rule, which is sweeping in scope, has been widely hailed as advancing value-based care and related innovations in healthcare delivery such as patient engagement and support arrangements and participation in government-sponsored models and ACO arrangements. Moreover, the Final Rule makes a number of modifications to existing regulatory provisions that would create greater flexibility for healthcare organizations in a variety of arrangements, including those between healthcare entities and physicians.
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