On October 17, 2019, the Department of Health & Human Services (HHS) published two proposed rules (one by the Office of Inspector General (OIG) and one by the Centers for Medicare & Medicaid Services (CMS)) that, if finalized, would implement significant changes to the Anti-Kickback Statute (AKS) and the Physician Self-Referral Law (commonly known as the Stark Law). This post is the latest installment in our blog series covering these proposed rules. Below we dive into: (i) the proposed new safe harbor and Stark Law exception for cybersecurity technology and related services, and (ii) significant proposed modifications to the existing safe harbor and exception for electronic health records (EHR) technology and services. These proposed changes are designed to reduce the regulatory burden associated with the AKS and Stark Law while maintaining protections against fraud and abuse.
New Safe Harbor and Stark Law Exception for Cybersecurity Technology and Related Services
Health care providers are a high value target for cyber criminals. Noting the increasing prevalence of cyber attacks, which result in patient harm and high costs to the health care industry,…
