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2021 Stark & Anti-Kickback Statute Final Rules

Our team operates at the forefront of regulatory compliance and related litigation. We focus on helping hospitals and health systems navigate complex regulatory matters, including fraud and abuse and other regulatory and reimbursement issues.

Our Analysis

Our Health Care team has published a series of analyses highlighting key changes to the Stark Law and the Anti-Kickback Statute and their impact on health care providers. To read individual sections click the links below. Or download our complete report here.

The New Stark Law

  1. Discount Safe Harbor Final Rule Released: OIG Seeks to Adopt Major Changes
  2. New Stark Law and Anti-Kickback Reforms Aimed at Value-Based Care
  3. Changes to Stark Law Definitions Impact Innovative Relationships and “Commercially Reasonable” Considerations
  4. Revisions to Stark Law Rules Covering Physician Profit Sharing and Bonuses
  5. Searching for Safe Harbors? CMS-Sponsored Model Participants Receive Anti-Kickback Statute Protection
  6. Changes to the Stark Law’s Special Rules on Compensation Create Flexibility and Reduce Confusion for Physicians and Other Health Care Providers
  7. Stark Law Fair Market Value Compensation Exception Expanded to Cover Office Space and Equipment Leases and Clarifies Writing Requirements
  8. New Stark Exception Provides Additional Flexibility for Limited Financial Arrangements with Physicians
  9. Changes to Stark and Anti-Kickback Regulations Address Technology Advances, Tighten Rules for EHR Contributions, and Promote Cybersecurity
  10. New Safe Harbors Offer Opportunities for Innovative Arrangements, Including Digital Health

Our Focus

Our Stark Law team is nationally recognized for its experience counseling clients on federal laws surrounding:

  • The Stark Law
  • The Anti-Kickback Statute
  • The False Claims Act
  • Laws requiring overpayments to be returned within 60 days
  • EMTALA, which regulates hospital emergency departments
  • HIPAA and HITECH; and those laws’ state counterparts

Attorneys in our hospital practice are leaders in the area of health information privacy and data security with hands-on experience helping clients prepare for, as well as respond to, privacy and cybersecurity breaches.