HHS Extends Stark, Anti-Kickback Waiver for ACOs


Charles Buck said that because anti-kickback rules “can act as a barrier to hospitals and health systems working closely with physicians and physician groups and other providers,” their waiver by the Centers for Medicare and Medicaid Services for accountable care organizations “reflects the underlying tension between a recognition that these laws were originally designed to protect the program or the beneficiary … [but] actually can act as barriers to incentivizing the kind of performance and behavior that CMS is trying to get out of ACOs.”