The Stark and the Anti-Kickback Final Regulations: Implications for Healthcare Organizations

Meeting New Compliance Requirements, Navigating the New Value-Based Framework, Changes to the FMV, Commercial Reasonableness

Recording of a 90-minute CLE video webinar with Q&A

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Conducted on Tuesday, December 21, 2021

Recorded event now available

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Course Materials

This CLE course will guide healthcare counsel through the Stark Law, the Anti-Kickback Statute (AKS), and the Civil Monetary Penalty (CMP) Law final rules. The panel will discuss how these changes will impact healthcare providers and others in the healthcare industry.

Description

In November 2020, the Department of Health and Human Services published the long-awaited and highly anticipated final rules revising the regulations related to the Stark, AKS, and CMP Laws. The final rules provide a much-needed framework for protecting certain value-based arrangements that incentivize care coordination, quality of care, and cost containment. They also propose helpful new exceptions and safe harbors and clarify interpretations of current existing regulations and key definitions, including the "Big 3" fair market value (FMV), commercial reasonableness, and volume or value standards.

While many of the changes took effect in January 2021, other changes will take effect on Jan. 1, 2022, to allow for providers to adjust their practices in order to comply. Healthcare organizations will need to react and adapt quickly to the interpretations and positions taken by CMS and OIG.

Listen as our authoritative panel of healthcare attorneys examines the new Stark, AKS, and CMP Laws. The panel will discuss what these changes mean for healthcare providers and others in the healthcare industry.

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Outline

  1. CMS' Stark Law changes
  2. The "Big 3" Standards of FMV, commercial reasonableness, and volume or value
  3. Stark, AKS, and CMP Law changes
  4. Impact on and implications for the healthcare industry, enforcement actions, and FCA suits

Benefits

The panel will review these and other essential matters:

  • Changes deferred to January 2022
  • The changes relating to value-based arrangements and patient incentives
  • The new AKS safe harbors and Stark Law exceptions
  • Impact of the changes on healthcare providers and others in the healthcare industry

Faculty

Dugger, Keith
Keith Dugger
Shareholder
Hall Render Killian Heath & Lyman

Mr. Dugger provides clients with effective and practical counsel informed by the various environments in which he has...  |  Read More

James, Alyssa
Alyssa C. James
Shareholder
Hall Render Killian Heath & Lyman

Ms. James works with clients in numerous aspects of health care law. Her work involves counsel regarding...  |  Read More

Schwartz, Katherine
Katherine M. Schwartz
Attorney
Hall Render Killian Heath & Lyman

Ms. Schwartz assists clients with a broad range of health law matters. Her practice includes hospital/physician...  |  Read More

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