Bass, Berry & Sims attorney Danielle Sloane provided insight to multiple outlets on how the new Stark Law changes will impact healthcare providers, including home health agencies. On November 20, the Centers for Medicare & Medicaid Services (CMS) and the Office of Inspector General (OIG) released final rules to modernize regulations related to the federal physician-self referral law, commonly referred to as the Stark Law, and the federal Anti-Kickback Statute. Several of the updates provide flexibility for innovation in the context of value-based payment and coordinated care.
As Danielle told HealthLeaders, “I think hospitals should be relatively pleased with these rules. I think CMS was thoughtful and listened to commenters and took into consideration balancing their obligations to protect the federal healthcare programs, provide flexibility, and ease regulatory burdens.”
Specific to providers in the home health space, Danielle spoke to Home Health Care News saying “For home health agencies that want to participate in value-based arrangements, I think it provides more avenues to work together with hospitals and physician groups — and to share in the savings from any efficiencies…”
The full articles are linked below and available online:
- “What Hospitals Need to Know About the Changes to Stark Law,” HealthLeaders (November 25, 2020).
- “CMS’s Stark Law Changes Could Mean More Value-Based Business for Home Health Operators,” Home Health Care News (November 29, 2020).
For additional analysis, read our firm publication about the updates to Stark, Anti-Kickback and Patient Inducement Laws here.