Stark Law Waivers?

March 30, 2020

To date, CMS has not issued specific guidance on the circumstances under which Stark enforcement and sanctions would be waived, leaving providers in a bit of a quandary as to what flexibility, if any, they may have under Stark. In order to benefit from the Secretary’s waiver language under Stark, providers currently need to submit a request for an exemption of a specific arrangement, accompanied by a justification for the waiver and the expected duration of that need.