Industries & Practices

Compliance, Fraud & Abuse


    2020 Final Rules: Stark Law and Anti-Kickback Statute Regulations


    On November 20, 2020, the Centers for Medicare and Medicaid Services (CMS) issued long-awaited final rules to “modernize and clarify” the regulations that interpret the Medicare Physician Self-Referral Law (Stark Law), which has not been significantly updated since it was enacted in 1989. 

    On the same day, the Department of Health and Human Services Office of Inspector General (HHS-OIG) issued its final rule modifying existing safe harbors to the Federal Anti-Kickback Statute (AKS) and finalizing a new exception to the civil monetary penalty (CMP) law prohibiting inducements to beneficiaries. 

    The series of publications below contains updates and analysis of the changes to the fraud and abuse laws and will be updated regularly.

    On December 14, 2020, Bricker health care attorneys Beth Kastner and Shannon DeBra will host a complimentary webinar, "Stark Law and Anti-Kickback Statute Final Rules – Exploring the major changes to fraud and abuse laws." During this webinar, we will review the important changes contained in the final rules and offer strategies for health care entities as they consider how to incorporate these changes into their relationships with physicians and other referral sources as well as their compliance programs. Click here to register >>


    Each final rule is lengthy. However, both CMS and OIG issued fact sheets along with their proposed rules to highlight the changes being proposed. Read more >>