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Medical Group Management Association

November 23, 2020: MGMA statement on the Physician Self-referral (Stark) Law and Anti-kickback Statute

- November 23, 2020

FOR IMMEDIATE RELEASE CONTACT: Chad Clinton
November 23, 2020 202.262.1067; cclinton@mgma.org


MGMA statement on the Physician Self-referral (Stark) Law and Anti-kickback Statute
 

Anders Gilberg

Senior Vice President, Government Affairs

Medical Group Management Association
 
 
MGMA appreciates the Department of Health & Human Services’ (HHS’) efforts to update and simplify regulations under the Physician Self-referral (Stark) Law and Anti-kickback Statute and remove barriers to value-based payment reform. In particular, we support the new value-based arrangement exception to the Stark Law, which will provide some group practices with greater protection when entering into care coordination arrangements. While HHS endeavored to make improvements to key terms that impact physician compensation arrangements, the final rule could have gone further to reduce the overall complexity and regulatory intrusion into group practice operations. Despite countless rulemakings, each of which identified legitimate problems with Stark Law regulations and attempted to fix them, the regulatory scheme has grown in complexity to the point where it is beyond comprehension to the average physician or practice administrator.

We recognize HHS had the difficult task of implementing this overly complicated law and has limited ability to act within its statutory authority. Efforts to improve the Stark Law’s regulatory framework will be undercut by the law’s strict liability regime, disproportionate penalty provisions, and vexing construct. We continue to believe there is a significant need for Congressional action.

 
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