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Association Responds to Physician Self-Referral RFI

America’s Essential Hospitals urged the Centers for Medicare & Medicaid Services (CMS) to alleviate barriers related to the physician self-referral law, or Stark Law, that impede care coordination and add to regulatory burdens for essential hospitals.

The comments were submitted in response to a request for information (RFI) CMS issued as it seeks to reform the physician self-referral law. In its response to the RFI, the association encouraged CMS to:

  • significantly narrow the application of the Stark law, a hedge against overutilization adopted before the shift to value-based payment and Alternative Payment Models (APMs);
  • consider adopting more flexible approaches to accommodate value-based care and APMs that target the Medicaid and uninsured populations; and
  • consider amending fraud and abuse laws to promote value for all patient populations, support the use of technologies to improve care, support collaboration with post-acute care providers, and address social risk factors.

Contact Senior Director of Policy Erin O’Malley at eomalley@essentialhospitals.org or 202.585.0127 with questions.

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About the Author

Rachel Schwartz is a policy associate at America's Essential Hospitals.