On June 20, 2018, The Centers for Medicare & Medicaid Services (CMS) issued a request for information (RFI) inviting comments and input regarding the physician self-referral law (the “Stark Law”). CMS has advised that it welcomes comments in order to assist with CMS’ “efforts to assess and address the impact and burden of the physician self-referral law, including whether and, if so, how it may prevent or inhibit care coordination.”

The RFI contains twenty (20) specific areas in which CMS is seeking public input, including comments regarding alternative payment arrangement models, the integration and coordination of care arrangements, the exceptions for risk-sharing arrangements, physician incentive plans, remuneration unrelated to DHS and certain existing concepts/definitions already contained in the Stark Law.

In addition, CMS has asked for comments regarding studies that would assess the effect of the Stark Law on the healthcare industry, the compliance costs for parties regulated by the Stark Law, and whether CMS should measure the effectiveness of the physician self-referral law in preventing unnecessary utilization and other forms of program abuse relative to the cost burden.

The deadline for comments is no later than 5 p.m. on August 24, 2018.

Please contact Linda Mancini with questions or concerns related to the Stark Law and other compliance issues.