Both Stark law and anti-kickback statutes seek to prevent physicians from making referrals to facilities they have a financial stake in. The association said it supports CMS proposed decisions to grant exceptions to certain entities, potentially allowing more providers to participate in value-based care.
The association proposed that CMS grant an exception to Stark law and anti-kickback statutes on a case-by-case basis for pharmaceutical companies and providers, given that gastroenterologists frequently adjust pharmaceutical treatments for inflammatory bowel disease patients.
It also urged CMS to update its policy that requires providers to take on full financial risk for care, recommending that CMS adopt a policy where risk is focused on the cost of defined patient care services.
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