HHS: Proposed rules on Stark, anti-kickback laws could come this year

Proposed rules that would make changes to the Stark Law and anti-kickback statute are working their way through the federal review process and could be released this year, Department of Health and Human Services Deputy Secretary Eric Hargan said yesterday at a Brookings Institution event. “We look forward to hearing comments and thoughts from stakeholders in the NPRM [notice of proposed rulemaking] process,” Hargan said. “Right now we are currently in … the fermenting stage of the development of the rule, but we’re very far along.” Responding to requests for information last year, AHA urged the Centers for Medicare & Medicaid Services to create or adapt compensation exceptions to the Stark Law to enable hospitals and physicians to coordinate care and improve patient outcomes and asked HHS to create new safe harbors under the anti-kickback statute to enable hospitals, physicians and patients “to work together to achieve value-based care and a patient-centered system.”