AACU News & Notes

Specialty Societies Seek Stark Law and AKS Reform

posted: August 7, 2020

The AACU joined 18 other specialty societies on a letter to Administration officials urging them to finalize proposed rules that would modernize the Stark self-referral law and Anti-Kickback statute (AKS). The letter, sent to White House Chief of Staff Mark Meadows, HHS Secretary Alex Azar and OMB Director Russell Vought, commends the Administration for proposing permanent exceptions to Stark Law for value-based arrangements that would apply to care of all patients, not just Medicare beneficiaries.

The rule, issued by the Centers for Medicare and Medicaid Services (CMS) and the HHS Office of the Inspector General (OIG) last October, would add safe harbor protections under the AKS for certain coordinated care and value-based arrangements between clinicians that meet all safe harbor conditions. It would also remove regulatory barriers allowing physicians to deliver value-based care and help level the playing field with large hospital systems.

The AACU believes the regulatory application of the Stark law and AKS has created unnecessary burdens on physician practices and been an obstacle to value-based care delivery. The outdated and onerous regulations hamper efforts that allow providers to accept risk and incentivize physicians to abide by treatment pathways that bring about greater efficiencies and better patient outcomes.

Download Letter

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