CMS Issues Blanket Stark Law Waivers

On March 30, 2020 (retroactively effective as of March 1, 2020), CMS issued blanket – nationwide – waivers of sanctions under the Stark Law in response to the COVID-19 public health emergency.

Overview of the Law

When the President of the United States declares an emergency or disaster under the Stafford Act or the National Emergencies Act, and the Secretary of the Department of Health and Human Services (the "Secretary") declares a Public Health Emergency under the Public Health Service Act, the Secretary may invoke his authority to waive or modify certain Medicare, Medicaid, Children's Health Insurance Program, and HIPAA requirements. The blanket waivers issued by CMS on March 30^th deal with the Stark Law, which prohibits a physician from making referrals for certain designated health services ("DHS") payable by Medicare to an entity with which the physician (or the physician's immediate family member) has a financial relationship, unless an exception applies.