New opportunities for value-based care with HHS finalization of Stark Law, Anti-Kickback Statute, and Civil Monetary Penalties law reforms

The Department of Health and Human Services ("HHS"), in collaboration with the Centers for Medicare & Medicaid Services ("CMS") and the Office of the Inspector General ("OIG"), has issued two final rules clarifying certain regulatory terms and adding and amending exceptions and safe harbors to accommodate "value" transactions under the Anti-Kickback Statute ("AKS"), the federal Physician Self-Referral Law (the "Stark Law"), and the Civil Monetary Penalties Law (the "CMP Law").