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Healthcare Update

HHS Issues Anti-Kickback Statute and Stark Law Reforms to Support Value-Based and Coordinated Care Arrangements

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On November 20, 2020, the U.S. Department of Health and Human Services Office of Inspector General (OIG) and the Centers for Medicare & Medicaid Services (CMS) (collectively, HHS) released a pair of final rulemakings that set forth changes under the Federal Anti-Kickback Statute (AKS), Civil Monetary Penalties Law (CMP), and Physician Self-Referral Law (the Stark Law) regulations to promote value-based and coordinated care arrangements as well as reduce other unnecessary regulatory burdens. The reforms are part of HHS’s Regulatory Sprint to Coordinated Care, which launched in 2018 with the goal of removing regulatory obstacles to better coordinated and value-based care, and address comments received in response to proposed rules issued by HHS on October 9, 2019.

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