American Telemedicine Association Comments on HHS Final Rules to Enable Care Coordination and Accelerate Transformation to Value-Based Care

Stark Law, Anti-Kickback Statute Reforms Support Coordinated, Value-Based Care and Hybrid Care Delivery

WASHINGTON, D.C., NOVEMBER 24, 2020 – In response to the Department of Health and Human Services (HHS) Office of Inspector General (OIG) final rule “Revisions to the Safe Harbors Under the Anti-Kickback Statute and Civil Monetary Penalty Rules Regarding Beneficiary Inducements,” and the Centers for Medicare and Medicaid Services (CMS) final rule “Modernizing and Clarifying the Physician Self-Referral Regulation,” the American Telemedicine Association (ATA) issued the following statement:

“We applaud HHS and CMS for taking an important and urgently-needed step towards modernizing the laws that are critical to the success of the regulatory sprint to coordinated care. These new rulings move us closer to a value-based care model that will allow our healthcare system to reimagine how care is delivered and integrate telehealth with in-person care,” said Ann Mond Johnson, CEO, the ATA.

In December 2019, the ATA shared feedback with HHS on the agency’s proposed changes to the regulations that interpret the Physician Self-Referral Law (the “Stark Law”) and the Federal Anti-Kickback Statute. These comments addressed reforms needed to drive value-based care, promote the adoption of telehealth and remote patient monitoring technologies, and ensure physicians and hospitals have the tools needed to improve cybersecurity and better protect patient data.

“These new laws will help to drive value-based care and improve the coordination of patient care across care settings, ease unnecessary regulatory burden on physicians and other healthcare providers while reinforcing the goal of the physician self-referral laws, often called the “Stark Law,” to protect patients from unnecessary services and be steered to less convenient, lower quality, or more expensive services because of a physician’s financial self-interest,” she added. “We are pleased that the HHS has taken action to  reduce regulatory barriers to care coordination and accelerate the transformation of the healthcare system into one that pays for value and promotes the delivery of coordinated care. The ATA looks forward to continuing to work with the Administration to ensure that these rules can be implemented effectively.”  

HHS Makes Stark Law and Anti-Kickback Statute Reforms to Support Coordinated, Value-Based Care

About the ATA
As the only organization completely focused on advancing telehealth, the American Telemedicine Association is committed to ensuring that everyone has access to safe, affordable, and appropriate care when and where they need it, enabling the system to do more good for more people. The ATA represents a broad and inclusive member network of health care delivery systems, academic institutions, technology solution providers and payers, as well as partner organizations and alliances, working to advance industry adoption of telehealth, promote responsible policy, advocate for government and market normalization, and provide education and resources to help integrate virtual care into emerging value-based delivery models. @americantelemed  #telehealthishealth #ATApolicy

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