The New AKS and Stark Laws Final Rules – Key Take-Aways

Catherine Short converses with Rachel V. Rose, JD, MBA, principal with Rachel V. Rose – Attorney at Law, P.L.L.C., Houston, TX, on the topic of “The New AKS and Stark Laws Final Rules – Key Take-Aways.” On November 20, 2020, the Centers for Medicare and Medicaid Services (CMS) issued a Final Rule related to the Medicare Physician Self-Referral Law (Stark Law). Nearly simultaneously, the Office of the Inspector General, Department of Health and Human Services (HHS-OIG), released a Final Rule, which amends various safe harbors to the Federal Anti-Kickback Statute (AKS). The changes appear to be based, in large part, on value-based healthcare delivery and payment systems. On this episode, we will highlight the key changes, along with the similarities and differences in the language between the two Final Rules, examine the new AKS safe harbors and Stark Law exceptions, compare and contrast critical items found in both Final Rules, and appreciate the risks of non-compliance.

HIPAA COVID-19 Updates Webinar

HIPAA in the time of COVID-19: Recent updates and enforcement actions

Rachel V. Rose, JD, MBA, principal with Rachel V. Rose – Attorney at Law, P.L.L.C., Houston, TX presents. Throughout the pandemic, HHS-OCR has announced the use of its enforcement discretion when bringing forth HIPAA-related enforcement actions. This trend appears to be continuing as the vaccine roles out. Additionally, proposed changes to the Privacy Rule were released in December 2020 and OCR continues to enforce violations against providers for not providing a patient with his/her medical records. This presentation provides a timely overview of these items, as well as addressing key terms such “reasonable” and “good faith” in the context of protecting the confidentiality, integrity, and availability of protected health information.

New Stark AKS Podcast

The New AKS and Stark Laws Final Rules Key Take Aways

Rachel V. Rose, JD, MBA, principal with Rachel V. Rose – Attorney at Law, P.L.L.C., Houston, TX presents on these new updates. On November 20, 2020, the Centers for Medicare and Medicaid Services (CMS) issued a Final Rule related to the Medicare Physician Self-Referral Law (Stark Law). Nearly simultaneously, the Office of the Inspector General, Department of Health and Human Services (HHS-OIG), released a Final Rule, which amends various safe harbors to the Federal Anti-Kickback Statute (AKS). The changes appear to be based, in large part, on value-based healthcare delivery and payment systems. The purpose of this presentation is to highlight the key changes, along with the similarities and differences in the language between the two Final Rules.

Common Elements of Corporate Integrity Agreements

Common Elements of Corporate Integrity Agreements

A Corporate Integrity Agreement (CIA) is negotiated with a healthcare provider or entity. This type of agreement is part of a settlement of federal healthcare program investigations arising under false claims statutes. In exchange for the agreement, the OIG agrees not to exclude the provider or entity from participation in the federal healthcare programs. Implementation and oversight of CIAs require significant personnel and financial resources. 
All types of organizations and providers may be impacted including pharmaceutical companies, medical device companies, hospitals, nursing homes and long term care facilities, and medical practices. Check out our infographic to become familiar with some of the common elements found in these agreements.

Healthcare Regulatory Compliance Solutions

Jumpstart Your Compliance Program

The beginning of the New Year is a popular time for new initiatives. Many healthcare organizations are looking for ways to improve quality and reduce risk. A compliance program is…

Beware of Individual Liability: Yates Memo

On September 9, 2015, the Department of Justice (DOJ) Deputy Attorney General Sally Yates released a policy memorandum, titled “Individual Accountability for Corporate Wrongdoing,” also known as the “Yates Memo.”…
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