Sweeping Proposals Issued By CMS To Revise Stark Law Regulations

On October 9, 2019, the Department of Health and Human Services (the “Department”) Centers for Medicare & Medicaid Services (“CMS”) issued a sweeping set of proposals to revise regulations under the federal physician self-referral law (“Stark Law” or “Stark”),¹ which were published in the Federal Register (available here) on October 17, 2019 (the “Proposed Regulations”). The Proposed Regulations are part of the Department’s “Regulatory Sprint to Coordinated Care” (the “Regulatory Sprint”), which is a large initiative to modernize many health care regulations. The proposed regulatory changes under the Regulatory Sprint are aimed at reducing barriers to care coordination and value-based arrangements in order to help accelerate the transformation of the nation’s health care system to one that incentivizes providers to focus on improved quality, better health outcomes and increased efficiency in health care delivery. Dorsey & Whitney’s health care attorneys have been closely tracking the Regulatory Sprint, and more information and links to Dorsey publications on the Regulatory Sprint can be found here.

Dorsey’s white paper summarizing the Proposed Regulations can be found here.