Stark law modernization update

2017-06-15 | AACU Executive Office

June 15, 2017 - The AACU continues to be engaged in effort to reform the Stark law. Via the Coalition of Patient-Centered Imaging, we have been successful in getting lawmakers of both parties to agree that Stark reform is necessary for successful implementation of MACRA. Please contact Members to underscore the importance of modernizing this law based on these fundamental principles:

  1. Empowering CMS to provide the same waiver authority to physician practices that was provided to accountable care organizations in the ACA
  2. Exempting physician practices from the “value or volume” standard in the Stark law for those practices that are on the glide path to becoming an Alternative payment model or operating an alternative payment model
  3. Reforming the strict liability standard for violations to one requiring showing of willful and knowing intent