Comments on the Physician Self-Referral Regulations Proposed Rule

In this letter, the Task Force responds to the Center for Medicare and Medicaid Services’ (CMS) proposed rule addressing the physician self-referral regulations (“Proposed Rule”). HCTTF recognizes that CMS’s Proposed Rule is one part of a multi-faceted “Regulatory Sprint” to value-based care that is a priority of the Secretary of Health & Human Services (HHS), and that HHS’s Office of Inspector General (OIG) has issued a separate proposed rule that seeks to promote greater protection of value-based arrangements under the anti-kickback and civil monetary penalty laws. We urge CMS and OIG to create as much consistency across these important compliance policies as possible, which will help maintain a reasonable burden regarding implementation and reduce inconsistencies in application.

Task Force Response Highlights

  1. General Comments. HCTTF supports the new approach for protecting value-based payment arrangements and believes that CMS’s value-based exceptions should protect existing and new VBP arrangements alike. HCTTF would like any final monitoring requirements to be stated explicitly and reflect the prospective nature of value-based payment model design.
  2. Proposed Exceptions for Value-Based Payment Arrangements. HCTTF generally supports the foundation of and premises behind the three proposed value-based payment exceptions.
  3. Definitions. HCTTF generally supports the new definitions; each effectively addresses important underpinnings of value-based payment and care delivery and provides a framework for the type of arrangements, purposes, actors and activities that should be protected. However, we offer recommended changes to the proposed definitions to ensure that the pursuit of models that both drive quality and reduce cost remain paramount.


Read the letter


Read our comments on the Anti-Kickback Proposed Rule