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February 2020

CMS Issues Long-awaited Stark Proposed Rulemaking

By Hannah L. Cross

Copyright 2020 Compliance Today Magazine, a publication of the Health Care Compliance Association (HCCA). http://bit.ly/2H0vli7  

On October 17, 2019, the Centers for Medicare & Medicaid Services (CMS) published a notice of proposed rulemaking (the proposed rule) to update and amend the Stark Law Regulations. Stakeholders have long awaited this proposed rule after CMS issued a Request for Information (RFI) on June 25, 2018 for public input on how to address the regulatory burdens of the Stark Law. Considering those comments, CMS issued this proposed rule to introduce new exceptions addressing value-based care arrangements and to clarify and introduce new exceptions addressing non-abusive compensation arrangements. More than 330 pages long, the proposed rule is the first stand-alone Stark rulemaking in over a decade. This article explores a selection of aspects of the proposed rule.