[{"innerBlocks":[],"name":"core\/freeform","postId":402,"blockType":{"name":"core\/freeform","keywords":[],"attributes":{"content":{"type":"string","source":"raw"},"lock":{"type":"object"}},"providesContext":[],"usesContext":[],"selectors":[],"supports":{"className":false,"customClassName":false,"reusable":false},"styles":[],"variations":[],"apiVersion":3,"title":"Classic","description":"Use the classic WordPress editor.","category":"text"},"originalContent":"The Department of Health and Human Services has issued proposed rules in an effort to modernize both the Stark Law on physician self-referral and the Anti-Kickback Statute to better support value-based payment and coordinated care.\u201cThe proposed rules provide greater certainty for healthcare providers participating in value-based arrangements and providing coordinated care for patients,\u201d according to Wednesday\u2019s announcement by HHS. \u201cThe proposals would ease the compliance burden for healthcare providers across the industry, while maintaining strong safeguards to protect patients and programs from fraud and abuse.\u201d

The Stark rule proposal<\/a> from the Centers for Medicare and Medicaid Services includes exceptions for certain value-based compensation arrangements between or among physicians, providers, and suppliers. Specifically, CMS seeks to \u201ccreate a new exception for donations of cybersecurity technology and related services\u201d as well as \u201camend the existing exception for electronic health records items and services.\u201dSimilarly, the HHS Office of Inspector General\u2019s proposed rule revising safe harbors under the Anti-Kickback Statute<\/a> would \u201cadd a new safe harbor for donations of cybersecurity technology and amend the existing safe harbors for electronic health records arrangements, warranties, local transportation, and personal services and management contracts.\u201dHHS provided examples that, if all applicable conditions are met, could potentially be protected under the proposals:

In an effort to coordinate care and better manage the care of their shared patients, a specialty physician practice could share data analytics services with a primary care physician practice.<\/li><\/ul>
- A physician practice could provide smart pillboxes to patients without charge to help them remember to take their medications on time. The practice could also provide a home health aide to teach the patient and the patient\u2019s caregiver how to use the pillbox. The pillbox could automatically alert the physician practice and caregiver when a patient misses a dose so they could follow up promptly with the patient. <\/li><\/ul>
  - A local hospital could improve its cybersecurity and the cybersecurity of nearby providers that it works with frequently. To do so, it could donate, for free, cybersecurity software to each physician that refers patients to its hospital. The hospital and the physicians often share information about their patients, so it is important that there are no weak links that might compromise everyone else. The software would help ensure that hackers cannot attack the physician\u2019s computers. Improving each physician\u2019s cybersecurity would help prevent hackers from spreading the attack to other physicians and the hospital.<\/li><\/ul>
    - To improve health outcomes for patients with end-stage kidney disease, a nephrologist, dialysis facility or other provider could furnish the patients with technology that is capable of monitoring the patient\u2019s health and two-way, real-time interactive communication between the patient, facility and physician. In addition, the facility could equip the physicians with data analytics software to help them monitor patients\u2019 health outcomes. <\/li><\/ul> The American Hospital Association applauded HHS and its agencies for modernizing the rules to support\u2014rather than hinder\u2014coordination among healthcare providers.\u201cWhen healthcare providers are able to work together to coordinate care, it is patients that benefit the most,\u201d said AHA President and CEO Rick Pollack. \u201cFor far too long, a group of out-of-date regulations has created unnecessary roadblocks to the kind of collaboration and coordination that enables caregivers to meet all of their patients\u2019 healthcare needs, whether in the hospital, the doctor\u2019s office or their own homes.\u201dWhile the American Medical Association is still assessing the HHS proposals, the physician group released a statement that it \u201cgreatly appreciates\u201d that CMS and OIG are proposing to modernize and clarify the regulations that interpret the Stark Law and Anti-Kickback Statute. \u201cThe AMA has previously called on the administration to modify the regulations in order to facilitate the move to value-based care,\u201d said AMA\u2019s President Patrice Harris, MD. \u201cCurrently, the Stark Law and Anti-Kickback Statute can have a negative impact on the ability of physicians to assist with coordination because they inhibit collaborative partnerships, care continuity and the engagement of patients in their care. These obstacles can hinder the healthcare system\u2019s movement to value-based care.\u201dHowever, the Medical Group Management Association was decidedly negative in its assessment of the CMS proposed rule on the Stark Law.\u201cFor medical groups that have been waiting years for relief from the complexity of the Stark law, this isn\u2019t it,\u201d said Anders Gilberg, MGMA\u2019s senior vice president for government affairs. \u201cExisting Stark regulations are fundamentally hyper-technical from beginning to end. This rule adds layers upon layers to a regulatory scheme that was originally intended to provide bright-line guidance for medical practices, but never has. The new proposal fails to clarify fundamental issues related to group practices and confirms our longstanding position that Congress needs to change the law.\u201d","saveContent":"The Department of Health and Human Services has issued proposed rules in an effort to modernize both the Stark Law on physician self-referral and the Anti-Kickback Statute to better support value-based payment and coordinated care.\u201cThe proposed rules provide greater certainty for healthcare providers participating in value-based arrangements and providing coordinated care for patients,\u201d according to Wednesday\u2019s announcement by HHS. \u201cThe proposals would ease the compliance burden for healthcare providers across the industry, while maintaining strong safeguards to protect patients and programs from fraud and abuse.\u201dThe Stark rule proposal<\/a> from the Centers for Medicare and Medicaid Services includes exceptions for certain value-based compensation arrangements between or among physicians, providers, and suppliers. Specifically, CMS seeks to \u201ccreate a new exception for donations of cybersecurity technology and related services\u201d as well as \u201camend the existing exception for electronic health records items and services.\u201dSimilarly, the HHS Office of Inspector General\u2019s proposed rule revising safe harbors under the Anti-Kickback Statute<\/a> would \u201cadd a new safe harbor for donations of cybersecurity technology and amend the existing safe harbors for electronic health records arrangements, warranties, local transportation, and personal services and management contracts.\u201dHHS provided examples that, if all applicable conditions are met, could potentially be protected under the proposals:
      In an effort to coordinate care and better manage the care of their shared patients, a specialty physician practice could share data analytics services with a primary care physician practice.<\/li><\/ul>
      A physician practice could provide smart pillboxes to patients without charge to help them remember to take their medications on time. The practice could also provide a home health aide to teach the patient and the patient\u2019s caregiver how to use the pillbox. The pillbox could automatically alert the physician practice and caregiver when a patient misses a dose so they could follow up promptly with the patient. <\/li><\/ul>
      A local hospital could improve its cybersecurity and the cybersecurity of nearby providers that it works with frequently. To do so, it could donate, for free, cybersecurity software to each physician that refers patients to its hospital. The hospital and the physicians often share information about their patients, so it is important that there are no weak links that might compromise everyone else. The software would help ensure that hackers cannot attack the physician\u2019s computers. Improving each physician\u2019s cybersecurity would help prevent hackers from spreading the attack to other physicians and the hospital.<\/li><\/ul>
      To improve health outcomes for patients with end-stage kidney disease, a nephrologist, dialysis facility or other provider could furnish the patients with technology that is capable of monitoring the patient\u2019s health and two-way, real-time interactive communication between the patient, facility and physician. In addition, the facility could equip the physicians with data analytics software to help them monitor patients\u2019 health outcomes. <\/li><\/ul> The American Hospital Association applauded HHS and its agencies for modernizing the rules to support\u2014rather than hinder\u2014coordination among healthcare providers.\u201cWhen healthcare providers are able to work together to coordinate care, it is patients that benefit the most,\u201d said AHA President and CEO Rick Pollack. \u201cFor far too long, a group of out-of-date regulations has created unnecessary roadblocks to the kind of collaboration and coordination that enables caregivers to meet all of their patients\u2019 healthcare needs, whether in the hospital, the doctor\u2019s office or their own homes.\u201dWhile the American Medical Association is still assessing the HHS proposals, the physician group released a statement that it \u201cgreatly appreciates\u201d that CMS and OIG are proposing to modernize and clarify the regulations that interpret the Stark Law and Anti-Kickback Statute. \u201cThe AMA has previously called on the administration to modify the regulations in order to facilitate the move to value-based care,\u201d said AMA\u2019s President Patrice Harris, MD. \u201cCurrently, the Stark Law and Anti-Kickback Statute can have a negative impact on the ability of physicians to assist with coordination because they inhibit collaborative partnerships, care continuity and the engagement of patients in their care. These obstacles can hinder the healthcare system\u2019s movement to value-based care.\u201dHowever, the Medical Group Management Association was decidedly negative in its assessment of the CMS proposed rule on the Stark Law.\u201cFor medical groups that have been waiting years for relief from the complexity of the Stark law, this isn\u2019t it,\u201d said Anders Gilberg, MGMA\u2019s senior vice president for government affairs. \u201cExisting Stark regulations are fundamentally hyper-technical from beginning to end. This rule adds layers upon layers to a regulatory scheme that was originally intended to provide bright-line guidance for medical practices, but never has. The new proposal fails to clarify fundamental issues related to group practices and confirms our longstanding position that Congress needs to change the law.\u201d","order":0,"get_parent":{},"attributes":[],"attributesType":{"content":{"type":"string","source":"raw"},"lock":{"type":"object"}},"dynamicContent":""}]

HHS proposes reforms to Stark Law, Anti-Kickback Statute

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