Will HHS make changes to the Stark Law?

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Thursday, June 21, 2018

WASHINGTON – The Department of Health and Human Services is asking for feedback on the physician self-referral law, known as the Stark Law.

In a request for information scheduled to be published in the Federal Register on June 25, HHS asks for feedback on “how to address any undue regulatory impact and burden of the physician self-referral law.”

The agency has made the request as part of efforts “to help accelerate the transformation to a value-based system that includes care coordination.” It says removing unnecessary government obstacles to care coordination is one of its key priorities.

“Through internal discussion and input from external stakeholders, CMS has identified some aspects of the physician self-referral law as a potential barrier to coordinated care,” the RFI reads.

Specifically, HHS is requesting information in 20 different areas, including “What, if any, additional exceptions to the physician self-referral law area necessity to protect financial arrangements between HHS entities and referring physicians who participate in the same alternative payment model”; and “Please share your thoughts on the role of transparency in the context of the physician self-referral law.”

HHS noted that the RFI is a request for information, not a request for proposal.

The agency will accept comments for 60 days after the date of publication of the RFI.