HHS Makes Long-Awaited Reforms to the Anti-Kickback Statute and Stark Law Bringing Value-Based Arrangements to the Forefront

On November 20, 2020, the Department of Health and Human Services (HHS) published two new final rules aimed towards supporting care coordination and value-based care. As part of the Trump Administration’s “Sprint to Coordinated Care” plan, the HHS Office of Inspector General (OIG) revised the safe harbors under the Anti-Kickback Statute (AKS) and the Centers for Medicare and Medicaid Services (CMS) revitalized the physician self-referral regulations (“Stark Law”). These reforms are designed to primarily reduce the regulatory burden on the healthcare industry while incentivizing coordinated care.