Substantial Changes Proposed to the Stark Law and Anti-Kickback Statute Regulations to Address Regulatory Burdens and Value-Based Care Arrangements

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On October 9, 2019, the U.S. Department of Health and Human Services (“HHS”) released proposed changes to the physician self-referral law (the “Stark Law Proposed Rule”) and the Anti-Kickback Statute (AKS) and the Civil Monetary Penalty Law (CMPL) (the “AKS Proposed Rule”). These proposed changes to the Stark Law, the Anti-Kickback Statute, and the Civil Monetary Penalty Law contain some of the most significant changes to these laws in the last several years. Continue reading →

CMS Announces Initiative to Enhance Nursing Home Transparency

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On Monday, October 7, 2019, the Centers for Medicare & Medicaid Services (“CMS”) announced an enhancement available to nursing home residents, families and caregivers on CMS’ “Nursing Home Compare” website.  By the end of the month, CMS will display a consumer alert icon next to nursing homes that have been cited on inspection reports for one or both of the following: 1) Abuse that led to harm of a resident within the past year; and 2) Abuse that could have potentially led to harm of a resident in each of the last two years.

The Nursing Home Compare website is available here.

Written By: Catherine B. Moore

CMS Finalizes DSH Medicaid Payment Reductions

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On September 25, 2019, the Centers for Medicare & Medicaid Services published a final rule detailing the methodology for implementing the Affordable Care Act (“ACA”) reductions to state Medicaid Disproportionate Share Hospital (“DSH”) allotments beginning in FY 2020. The final rule calculated $4 billion in state Medicaid DSH cuts for FY 2020 and an estimated $8 billion for each subsequent year through 2025.

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