13. In early February, HHS released a report that provides observations on the effects of Stark Law and the Anti Kickback Statute on the industry’s transition to price based fee models. In the report, HHS said some gainsharing and similar arrangements can be dependent in a way that doesn’t violate the Anti Kickback Statute and meets the requirements of Stark Law. However, HHS noted the present fraud and abuse laws “may function an impediment to robust, innovative courses that align providers by using economic incentives to obtain first-rate criteria, generate cost rate reductions and reduce waste.
