A Quick Guide to Value-Based Care Exceptions in CMS and OIG Final Rules

By Nina Youngstrom

Here’s a brief comparison of the three value-based care exceptions in the final overhaul of the Stark Law regulation and new safe harbors to the Anti-Kickback Statute (see story, p. 1),[1] according to the law firm Hooper Lundy & Bookman. Key terminology is included. Contact attorney Charles Oppenheim at coppenheim@health-law.com.

Value-Based Arrangements (Stark and Anti-Kickback Statute)

Value-based participants = individuals or entities engaged in value-based activity as part of a value-based enterprise­—e.g., hospitals, physicians, digital health companies, skilled nursing facilities, home health (OIG excludes some from protection under the safe harbor)

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