Morgan Lewis partners Kathleen McDermott and Albert Shay were interviewed by Fierce Healthcare for an article on compliance headaches for healthcare providers that may ensue as a result of changes to two proposed regulations, the Stark Law and the anti-kickback statute, by the Centers for Medicare & Medicaid Services (CMS) and Office of the Inspector General (OIG), respectively.
“There are some circumstances where OIG says we are not aligned with CMS and were more restrictive in some of these arrangements because they are still worried about fraud and abuse,” said Katie. “It remains to be seen if these changes are a disincentive,” she added. According to Al, a Stark Law exception only applies to providers, which can include hospitals and physicians, while a safe harbor can apply to anyone. “When you put the exceptions and the safe harbors side by side there are a lot more requirements to meet under safe harbor than the exceptions,” he said.