On Nov. 20, the Centers for Medicare & Medicaid Services (CMS) issued a final rule to modernize and clarify the regulations that interpret the Medicare physician self-referral law (often called the “Stark Law”). According to CMS, the final rule creates new, permanent exceptions to the Stark Law for value-based arrangements.

The final rule, Modernizing and Clarifying the Physician Self-Referral Regulations, will be published in the Federal Register on Dec. 2. Additional details are provided in a CMS fact sheet. CMS indicates that provisions in the final rule will go into effect 60 days from the rule’s display date in the Federal Register. The AASM is reviewing the final rule and will provide an analysis for members.

CMS had issued the proposed rule in October 2019 following a request for information in June 2018. The AASM responded by submitting comments recommending exceptions for the provision of  positive airway pressure (PAP) therapy for obstructive sleep apnea (OSA) and for alternative payment model (APM) participants.