HCTTF Responds to CMS Stark Law RFI

In this letter, the Task Force identifies areas where CMS can mitigate the impact of the Stark law on providers participating in alternative payment models to encourage better care coordination. There are desired changes that will take an act of Congress, while CMS can accomplish other changes through rulemaking. In addition, CMS could provide sub-regulatory guidance through issuing Frequently Asked Questions and better guidance on existing waivers to the Stark law, which could also clarify misconceptions and alleviate existing but unnecessary burdens.

Task Force Summary Response

1. Expand sub-regulatory guidance regarding the applicability of Stark Law.
2. Streamline available waivers in the context of alternative payment model arrangements.
3. Modify existing exceptions to the physician self-referral prohibition and/or create new exceptions for risk-taking alternative payment model participants.

Read the letter for the Task Force recommendations on Stark definitions and the legislative action needed to further modernize fraud and abuse laws.

Read the letter here


Letter submitted on August 24, 2018