It’s a safe bet that in the coming year reforms will be made to two central laws governing physician compensation – the Stark Law and the Anti-Kickback statute. Whether through amendment to each law, revised regulations, or both, the Centers for Medicare and Medicaid Services (CMS) have left no doubt those changes are inevitable. As a result, providers should be aware that certain arrangements for payment may become available that previously either have not been permitted or have been deemed too risky to implement. It is likely, of course, that the safe route for physicians and providers will be to enter into practice alignments that are based upon alternative payment methods designed to transition from fee-for-service (FFS) to value-based payment methods. This will require, ultimately, the adoption and sharing of risk.
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