The Centers for Medicare and Medicaid Services (CMS) are pushing to change Stark law statutes to facilitate providers to be in value-based contracts without the concern of being blamed for kickbacks. The Stark law, which is the anti-kickback and self-referral laws, aid more value-based payments and coordinated care, while preventing physicians from benefiting and profiting from self-referrals.
The CMS is proposing to lower barriers to care coordination and management. By providing some exceptions and lowering the barrier, the CMS is hoping to bolster physician participation without the concern of any financial penalties. According the the CEO of the American Medical Group Association, The American Medical Group Association “is supportive of these exceptions, which would allow providers to take more innovative approaches in their financial arrangements while encouraging and removing barriers to value-based care.”
Another exemption that providers are supporting is permanently allowing the donation of electronic health records and cybersecurity technology. This will include the donation of hardware and the inclusion of training, which assists practices where the hardware is to outdated to run certain software. Another provision that providers support is the removal of the requirement that providers require a 15% recipient requirement for smaller and more rural practices. Although most providers support this, many want it to administer to more providers, as this may promote participation in value-based care to more providers.
A main concern from physicians who are participating in value-based arrangements are that these providers are worried that the government may go after them if they participate without getting any financial benefits from the referrals they receive. Also, physicians are opposing any price transparency regulations, which is one of the exemptions that the Trump administration wants to include into value-based care exemption.
Read the original article from Modern Healthcare here.