William Spratt and Danielle Gordet wrote an article for COSMOS elaborating on the compliance challenges faced by healthcare providers during the COVID-19 pandemic.
“The COVID-19 pandemic has required many healthcare providers to enter quickly into new or modified arrangements for the delivery of essential healthcare goods and services. Some of these arrangements may conflict with the Stark Law (Section 1877 of the Social Security Act) and its regulations and may expose providers to administrative sanctions by the Office of Inspector General (OIG) pursuant to the federal Anti-Kickback Statute (AKS). In response to the unique circumstances of the pandemic, the secretary of the Department of Health & Human Services (HHS) and the OIG published temporary waivers and a policy statement to provide compliance assistance during the COVID-19 pandemic.”