October 17, 2019

We are on the clock. As an industry, we have 75 days to comment on the rules published in the Federal Register on October 17 about how the Stark Law is implemented.

This is a unique opportunity. There has not been a stand-alone proposal to change the Stark Law’s implementing regulations for more than a decade. CMS appears receptive to concerns about the burden and practicalities of the technical implementation of the Stark Law requirements. Importantly, CMS has expressed an interest in making fundamental changes regarding the agency’s interpretations of the Stark Law’s meaning and requirements, including those governing the amount and structure of physician compensation arrangements, documentation requirements, the terms of the most commonly used exceptions and new exceptions to promote value-based care.

If some aspect of the Stark Law affects your operations, then you should not miss this opportunity to have your voice heard. The time is now—you may never have a better invitation to provide your input or a more receptive audience. This rule has the potential to significantly change the Stark Law implications of physician relationships with hospitals, group practices or any other entity offering diagnostic imaging, clinical laboratory, outpatient prescription drugs, radiation therapy, DMEPOS, physical or other therapy or home health.

The deadline for the submission of comments to CMS on the proposed Stark Law rule is December 31, 2019. 

Lawyers in Polsinelli’s Health Care Practice are available to assist with the development of comments.