Articles and Blogs

On July 26, 2022, the Centers for Medicaid and Medicare (“CMS”) published the 2023 Hospital Outpatient Prospective Payment System (OOPS) and Ambulatory Surgery Center Payment System Proposed Rule. The proposed rule includes a new exception to the prohibition on physician self-referral (“Stark Law”) and would allow for physicians to have ownership or investment interests... READ MORE

On June 9, 2022, the Centers for Medicare & Medicaid Services (“CMS”) published a notice seeking public comment on its plan to revise the way information is collected under its voluntary Self-Referral Disclosure Protocol (“SRDP”). Specifically, the proposed rule would allow a group practice to submit a single “Group Practice Information Form” that would cover all... READ MORE

Under the federal Stark Law, hospitals, physician groups and other provider entities may provide non-monetary (i.e., non-cash or cash equivalent) compensation to physicians up to an aggregate amount of $452 for calendar year 2022. The dollar limit for “medical staff incidental benefits” provided by a hospital to a member of its medical staff (e.g.,... READ MORE

Earlier this year, the Centers for Medicare and Medicaid Services (“CMS”) finalized a change to the exclusive use requirement of the Stark Law that affects space and equipment leases. The rental of office space exception and the rental of equipment exception now allow a lessee—and any other lessees operating in the same office space... READ MORE

In December 2020, the Centers for Medicare & Medicaid Services (“CMS”) issued long-awaited final rules revising the Stark Law regulatory framework and updating the 2021 Medicare Physician Fee Schedule (“MPFS”). Though many health care organizations considered both updated regulatory frameworks when establishing their physician compensation programs for 2021, stakeholders in the industry continue to... READ MORE

On January 19, 2021, health care organizations nationwide will need to start complying with new regulations aimed at modernizing and streamlining key regulations under the federal Stark Law. The Centers for Medicare & Medicaid Services (“CMS”) announced the new regulations in a much-anticipated final rule (“Final Rule”) on November 20, 2020. As we noted... READ MORE

Under the federal Stark Law, hospitals may provide non-monetary compensation to physicians up to an aggregate amount of $429 for calendar year 2021. The dollar limit for “medical staff incidental benefits” (e.g., meals, parking and other items or incidental services that are used on the hospital’s campus) is less than $37 per occurrence. Other... READ MORE

On November 20, 2020, CMS issued its Final Rule (the “Final Rule”) modifying various Stark Law regulations, including those specifically geared toward real estate arrangements. For a general overview of the Final Rule, please see Hall Render’s alert on the subject and our overview webinars on December 1 and December 8. This alert provides... READ MORE

On November 20, 2020, the Centers for Medicare & Medicaid Services (“CMS”) released a much anticipated final rule (“Final Rule”) aimed at modernizing and streamlining key regulations under the federal Stark Law. As anticipated, the Final Rule included some major changes to the Stark regulations that will drive physician contracting, compensation models and compliance... READ MORE

As the health care system moves from volume-based to value-based care models, the industry is eager to modify federal laws and regulations to enhance patient-centered collaboration. HHS, CMS and OIG have been considering changes to the Stark Law and Anti-Kickback Statute regulations for several years now and finally came out with the proposed rules... READ MORE