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The HHS Regulatory Sprint Removes Some Stark and AKS Hurdles for Donating Healthcare Technology | BakerHostetler

To embed, copy and paste the code into your website or blog: This is the second in a series of client alerts on the collaborative effort between the Department of Health and Human Services Office of Inspector General (OIG) and the Centers for Medicare & Medicaid Services (CMS), which each published final updates to regulations interpreting the Anti-Kickback Statute (AKS) and the federal physician self-referral law (Stark) on Dec. 2, 2020 (the Updated Rules).[1] Among the changes in these Updated Rules were two important updates related to healthcare technology. First, the OIG and CMS, respectively, established a new AKS safe harbor and a new Stark exception permitting the donation of cybersecurity technology. Second, the OIG and CMS made changes to the existing AKS safe harbor and Stark exception permitting the donation of electronic health records (EHR) items and services. Both of these changes, discussed in more detail below, will go into effect on Jan. 19, 2021.

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