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Stark + AKS Final Regulations

This hub includes information developed by AHLA, as well as government and other resources, to help our members and the public stay abreast of new developments to the two highly anticipated final rules to reform the Stark Law and Anti-Kickback Statute regulations. This hub will be updated with information on upcoming webinars, podcasts, and articles.

Just Released

How to Take Advantage of New Stark Law Compliance Regulations (July 15, 2021) - Register
Now that the government has allowed for some regulatory relaxation, how can health care providers take advantage while still mitigating risk? Via panel discussion, this webinar will provide a brief overview of the regulatory updates and how they impact provider arrangements. Additionally, panelists will discuss how health care providers can and should be proactive in the reconciliation of the management of provider arrangements and the data surrounding them to mitigate potential risk and exposure.

Finding Opportunities: A Practical Look at the New Stark and Anti-Kickback Value-Based Framework (July 21, 2021) - Register
Listen along as our panel explores the new Stark and Anti-Kickback value-based framework. We will take a practical approach to the new exceptions and safe harbors and will focus on opportunities to structure arrangements, using a case study format based on actual examples referenced by CMS and the OIG in the commentary to the regulations. Our panel will outline immediate steps that health care leaders can take now to identify potential value-based opportunities.

AHLA News & Analysis

Access past articles related to the proposed regulations.

​From HHS

AHLA Podcasts

Stark and Anti-Kickback Statute Final Rules: Questions Answered (Speaking of Health Law Podcast, February 4, 2021)
Building on their enormously popular January 2021 webinar on the Stark and AKS final rules, Robert Homchick, Partner, Davis Wright Tremaine LLP, and Julie Kass, Principal, Baker Donelson Bearman Caldwell & Berkowitz PC, talk with Dave Hesselink, Principal, SullivanCotter, to answer important questions about the rules and dig deeper into issues such as the non-value based changes to Stark, treatment of indirect compensation arrangements, provision for contractual mistakes, and the isolated transaction exception. Sponsored by SullivanCotter.

Fraud and Abuse: What Health Lawyers Need to Know about the Final Stark and AKS Rules (Speaking of Health Law Podcast, December 14, 2020)
In this episode of AHLA's monthly series on fraud and abuse issues, Matthew Wetzel, Associate General Counsel, Compliance Officer, GRAIL, speaks with Joe Wolfe, Hall Render Killian Heath & Lyman PC, and Kristin Carter, Baker Donelson Bearman Caldwell & Berkowitz PC, about the recently-issued Stark Law and Anti-Kickback Statute final rules. The podcast details the changes made in the final rules and discusses how the rules will encourage innovation and how the changes ease compliance with the rules. From AHLA's Fraud and Abuse Practice Group. Sponsored by BRG.

Identifying Key Changes in the Stark and AKS Final Rules (Speaking of Health Law Podcast, December 10, 2020)
Herd A. Midkiff, JTaylor, speaks with the authors of AHLA’s “The Stark Law: Comprehensive Analysis and Practical Guide”—Charles Oppenheim, Amy Joseph, and Ben Durie, Hooper Lundy & Bookman PC. The podcast discusses the recently-issued Stark Law and Anti-Kickback Statute final rules, including changes to commercial reasonableness, how changes made to the rules will impact compliance considerations, and other important provisions. Sponsored by JTaylor

HHS Deputy Secretary Hargan Talks to AHLA on Stark, AKS Final Regs (Speaking of Health Law Podcast, December 3, 2020)
HHS Deputy Secretary Eric Hargan speaks to AHLA CEO David Cade about the newly unveiled Stark and Anti-Kickback Statute final regulations. Hargan discusses the broad goals of the reforms and how they fit into the agency’s ongoing efforts to advance value-based care and reduce regulatory burdens that impede care coordination. The podcast describes how the final rules will benefit providers and patients into the future and result in better care outcomes. Sponsored by JTaylor.

Fraud and Abuse: What to Expect from the Final Stark/AKS Rules (Speaking of Health Law Podcast, August 24, 2020)
In this episode of our monthly series on fraud and abuse issues, Matthew Wetzel, Associate General Counsel, Compliance Officer, GRAIL, Joe Wolfe, Partner, Hall Render Killian Heath & Lyman PC, and Kristin Carter, Partner, Baker Donelson Bearman Caldwell & Berkowitz PC, discuss the eagerly anticipated final rules reforming the Stark Law and Anti-Kickback Statute. The podcast dives into when the rules might be released and what they might look like. From AHLA's Fraud and Abuse Practice Group. Sponsored by BRG.

Access past podcasts related to the proposed regulations.

​AHLA Webinars

New Stark Regulations and Impact on Fair Market Value/Commercial Reasonableness (January 19, 2021) - Purchase Recording
This on-demand webinar covers: what changes impact fair market value (FMV), how these changes impact various exceptions, if benchmark data is still a useful resource, what other factors can be considered for FMV, and how the recent changes impact a commercial reasonableness analysis. Sponsored by HMS Valuation Partners.

CMS, OIG Insights into Stark and AKS Final Rules Part 2—Flexibilities and Clarifications (January 11, 2021) - Purchase Recording
Hear directly from government representatives about additional flexibilities and clarifications in the physician self-referral law and anti-kickback statute final rules, as well as the cybersecurity and electronic health record provisions. Government representatives from CMS and OIG provide insight on key take-aways from the recently released final rules that clarify and modernize the regulations under these important fraud and abuse laws, and provide needed flexibilities for parties participating in value-based care initiatives and arrangements involving health information technology. Sponsored by HSG Advisors.

Stark and AKS Final Rules: What You Need to Know (January 6, 2021) - Purchase Recording
On November 20, CMS and OIG issued two final rules to reform the Stark Law and Anti-Kickback Statute (AKS) regulations. The rules are part of the agencies’ broader efforts to remove regulatory barriers to innovation and move toward a more affordable, high quality, value-based health care system, while maintaining important protections for patients. Join leading industry experts for an AHLA on-demand webinar that analyzes key provisions of the final rules.

CMS, OIG Insights into Stark and AKS Final Rules Part 1—Supporting Value-Based Care (December 17, 2020) - Purchase Recording
Government representatives from CMS and OIG provide insight on key take-aways from the highly anticipated physician self-referral law and anti-kickback statute final rules that remove regulatory barriers to value-based care. Hear directly from government representatives regarding the final regulations and important commentary in the preambles of the final rules. Sponsored by SullivanCotter.

Access past webinars related to the proposed regulations.