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CMS Delays Publication of Final Rule Implementing Stark Law Changes to 2021

As we reported last October, CMS and the OIG issued proposed rules aimed at updating the Stark Law, Anti-Kickback Statute, and Civil Monetary Penalties Law as part of HHS’ Regulatory Sprint to Coordinated Care. In part, the proposed rules seek to address the current value-based and coordinated healthcare environment. While publication of final rules concerning the Stark Law changes was originally expected in August 2020, late last month CMS announced an extension of the final rule publication date to August 31, 2021. The announcement stated that the agency is “still working through the complexity of the issues raised by the comments” as the reason for the extension.

Thus far, the OIG has not released a similar statement concerning publication of its changes to the Anti-Kickback Statute and Civil Monetary Penalties Law. However, given that CMS and OIG issued the proposed rules together, it seems reasonable to conclude that the OIG’s issuance of final rules for its changes will be similarly delayed.

© Copyright 2020 Squire Patton Boggs (US) LLPNational Law Review, Volume X, Number 273
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About this Author

Robert Nauman, Health Care, Lawyer, Squire Patton Boggs
Principal

Robert has extensive experience counselling healthcare clients, including hospitals and health systems, physicians, physician groups, ambulatory surgery centers, insurers, health plans and management companies, in a variety of regulatory and transactional matters.

Robert’s areas of expertise include healthcare fraud and abuse laws, Medicare reimbursement issues, provider alignment strategies, provider enrollment, accreditation and licensure, Accountable Care Organizations, provider acquisitions and affiliations, healthcare antitrust matters,...

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