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ARTICLE · 04 NOVEMBER 2019

HHS Proposes Sweeping Changes To AKS And Stark Law, Part 2: Cybersecurity Technology And Electronic Health Records

Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
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Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.

Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.

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On October 17, 2019, the Department of Health & Human Services (HHS) published two proposed rules (one by the Office of Inspector General (OIG) ...

United StatesTechnology
Karen Lovitch
Karen Lovitch
Dianne Bourque
Dianne Bourque
Theresa Carnegie
Theresa Carnegie
Rachel E. Yount
Rachel E. Yount
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On October 17, 2019, the Department of Health & Human Services (HHS) published two proposed rules (one by the Office of Inspector General (OIG) and one by the Centers for Medicare & Medicaid Services (CMS)) that, if finalized, would implement significant changes to the Anti-Kickback Statute (AKS) and the Physician Self-Referral Law (commonly known as the Stark Law). This post is the latest installment in our blog series covering these proposed rules. Below we dive into: (i) the proposed new safe harbor and Stark Law exception for cybersecurity technology and related services, and (ii) significant proposed modifications to the existing safe harbor and exception for electronic health records (EHR) technology and services. These proposed changes are designed to reduce the regulatory burden associated with the AKS and Stark Law while maintaining protections against fraud and abuse.

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