CMS and OIG issue long-awaited final rules changing the Stark Law, Anti-Kickback Statute and Beneficiary Inducement Civil Monetary Penalty Law

On November 20, 2020, the Centers for Medicare and Medicaid Services (CMS) and Department of Health and Human Services Office of Inspector General (HHS-OIG) published the long-awaited final rules “to modernize and clarify the regulations that interpret” the Medicare Physician Self-Referral Law (the ‘Stark Law’) and the Federal Anti-Kickback Statute.

Both CMS and OIG issued fact sheets along with their final rules that describe the highlights of the final rules. The CMS fact sheet describing the final rule for the Stark Law can be found on CMS’ website. The OIG fact sheet describing the final rule for the Anti-Kickback Statute (AKS) and Beneficiary Inducement Civil Monetary Penalty (CMP) Law is on OIG’s website.

Bricker & Eckler’s health care attorneys will publish a more detailed summary of the two final rules as a follow-up to this brief update. Please contact the authors for additional information.