The “Stark Law,” more formally known as the Physician Self-Referral Law, could be updated soon. The current law does not allow doctors to make referrals associated with Medicare anywhere they have a “financial relationship” with.
The Centers for Medicare & Medicaid Services wants to update the law as a result of some of the criticisms it has received. One of the problems with the current law is that it is outdated.
The CMS wants to add and revise language in the law to meet the modern needs in the healthcare system. Their key proposed change is to add “value-based definitions,” according to Compliance Resource Center. These definitions would allow some exceptions for the Medicare rule.
Most noteworthy, however, is a section they would like to include about cybersecurity. This exception would “protect arrangements involving the donation of certain cybersecurity technology” to aid cybersecurity efforts.
The CMS would also like to edit or completely delete certain sections of the law. They do “not find it necessary” for The Stark Law and the Anti-Kickback Statute to completely agree with one another in regards to “billing or claims submission,” according to Compliance Resource Center.
The updates would “ease” this process for healthcare providers, according to the Department of Health & Human Services. Furthermore, the developments come at a time of increased scrutiny of the American health system. The Stark Law updates are part of an effort to help streamline healthcare processes, according to HHS secretary Alex Azar.
For a more detailed list of what the new law could look like, visit these links:
https://www.complianceresource.com/news/cms-proposes-changes-to-the-stark-law-regulations/
https://www.hhs.gov/about/news/2019/10/09/hhs-proposes-stark-law-anti-kickback-statute-reforms.html
For more details on Medicare requirements, read this blog:
https://americanmedicalcompliance.com/fdr-medicare-requirements/
