As part of Reed Smith's new digital white paper, "Outlook: US Health Care 2021," my Reed Smith colleagues, Nicole Aiken-Shaban and James Hennessy, describe new rules that guide those currently engaged or seeking to engage, in value-based arrangements that may otherwise implicate the federal Stark Law and Anti-Kickback Statute.
I encourage you to review their article. I am certain their narrative will help you gain more clarity about the contours of the new rules.
These final rules primarily aim to remove obstacles to value-based care, which enables payers and health systems to reward health care providers and suppliers for adopting cost-saving protocols, avoiding waste, and improving quality of care. Both the Stark Law and AKS were developed to address fraud and abuse concerns in a predominantly fee-for-service health care reimbursement environment. As a result of increased interest and investment in value-based care, HHS recognized the need for new exceptions and safe harbors to provide flexibility for value-based arrangements.