CMS Issues Broad Stark Waiver Related To COVID-19

In yet another example of coronavirus-related regulatory dispensation, on March 30, 2020, CMS announced that it will waive penalties for violations of the Stark Law in regard to compensation relationships between physicians and entities, such as hospitals, to which they refer if "solely related to" the Covid-19 pandemic. In particular, the waiver applies, among other things, to:

• violations of FMV requirements in the services, space and equipment lease exceptions,
• medical staff incidental benefits in excess of the regulatory cap,
• non-monetary compensation to physicians that exceeds the regulatory cap,
• interest free or low interest loans,
• use of space by group practices that does not meet the same building requirements, and