The Centers for Medicare & Medicaid Services (CMS) recently published a notice of proposed rulemaking to amend its regulations implementing and interpreting the Stark Law. CMS also used this proposed rule to state its positions on certain questions of Stark Law interpretation and application, and to solicit comments from the industry on whether the Stark Law is a barrier to health care delivery and payment innovation, and whether the industry needs more guidance on how the Stark Law applies to physician compensation. Notably, the proposed rule adds two new Stark Law exceptions—one for financial assistance to practices to recruit primary care non-physician practitioners and one for “time-share” arrangements. Comments on the proposed rule are due September 8, 2015.
Adam R. Marks focuses his practice on representing hospitals, health systems, and other health industry providers and investors in transactional matters, including mergers, acquisitions, affiliations and joint ventures. Adam also provides guidance to hospital, health system and physician clients on a wide range of regulatory matters such as physician contracting, compliance with Stark Law, licensure and accreditation, Medicare and Medicaid enrollment, and Health Insurance Portability and Accountability Act (HIPAA) compliance. He also counsels clients in various health information technology matters, including those related to software vendor contracting and negotiation. Read Adam Marks' full bio.