Bass, Berry & Sims attorneys Danielle Sloane, Taylor Chenery and Jeff Gibson, with the assistance of many other attorneys at the firm, contributed chapters to the 2021 Health Law Handbook. The 2021 edition features content and insights regarding noteworthy developments in four areas in the healthcare industry: fraud and abuse, reimbursement, data management, and the changing healthcare system.
Danielle wrote a chapter titled, “Regulatory Sprint to Coordinated Care: Final Rules Modernize the Federal Stark and Anti-Kickback Laws.” On November 20, 2020, the Centers for Medicare & Medicaid Services (CMS) and the Office of Inspector General (OIG) published final rules to modernize regulations implementing the federal physician-self-referral law, commonly referred to as the Stark Law (Stark), the federal Anti-Kickback Statute (AKS), and the beneficiary inducement provisions of the Civil Monetary Penalties Law (CMP Law) as part of the Department of Health and Human Services (HHS) regulatory sprint to coordinated care initiative. This chapter outlines these new value-based exceptions and safe harbors; discusses the technology infrastructure improvements; and examines the new rules, definitions and clarifications that modernize the Stark Law and Anti-Kickback Statute. Collectively, these changes support innovation and protect financial relationships with referral sources, as well as offer the clarifications that may help reduce frivolous whistleblower lawsuits.
Danielle, Taylor and Jeff authored the chapter titled “Healthcare Fraud and Abuse 2020 Update.” This chapter examines OIG Advisory Opinions and other significant changes issued by regulatory agencies to existing fraud and abuse laws as part of the administration’s regulatory sprint to coordinated care and effort to realign pharmaceutical discounts to promote transparency. The authors also look at noteworthy False Claims Act cases and settlements from 2020.
A PDF of each chapter is available here:
- Regulatory Sprint to Coordinated Care: Final Rules Modernize the Federal Stark and Anti-Kickback Laws
- Healthcare Fraud and Abuse 2020 Update
More information about the 2021 Health Law Handbook is available here.