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Stark and AKS Final Rules Will Facilitate Donations of EHR and Cybersecurity Technology and Services | McDermott Will & Emery

To embed, copy and paste the code into your website or blog: On November 20, 2020, the Centers for Medicare and Medicaid Services and Office of Inspector General released final rules amending the regulations to the Stark Law and the Anti-Kickback Statute and Beneficiary Inducement Civil Monetary Penalty Law. As part of these final rules, the agencies liberalized the requirements under the existing exception and safe harbor for donations of electronic health record items and services, and created a new exception and safe harbor to allow donations of cybersecurity technology and related services. IN DEPTH On November 20, 2020, the US Department of Health & Human Services (HHS) released final rules amending the regulations to the physician self-referral law (Stark Law) (Stark Rule) and the Anti-Kickback Statute (AKS) and Beneficiary Inducement Civil Monetary Penalty Law (collectively, AKS Rule) in connection with HHS’s Regulatory Sprint to Coordinated Care. As part of the Stark Rul

CMS Releases Final Rules on Stark & AKS Final Rules

Tuesday, December 22, 2020 OVERVIEW On November 20, 2020, the Centers for Medicare and Medicaid Services and Office of Inspector General released final rules amending the regulations to the Stark Law and the Anti-Kickback Statute and Beneficiary Inducement Civil Monetary Penalty Law. As part of these final rules, the agencies liberalized the requirements under the existing exception and safe harbor for donations of electronic health record items and services, and created a new exception and safe harbor to allow donations of cybersecurity technology and related services. IN DEPTH On November 20, 2020, the US Department of Health & Human Services (HHS) released final rules amending the regulations to the physician self-referral law (Stark Law) (Stark Rule) and the Anti-Kickback Statute (AKS) and Beneficiary Inducement Civil Monetary Penalty Law (collectively, AKS Rule) in connection with HHS’s Regulatory Sprint to Coordinated Care. As part of the Stark Rule and the AKS

FERC Proposes Incentive-Based Cybersecurity Investment Rate

Tuesday, December 22, 2020 On Thursday, December 17, 2020, the Federal Energy Regulatory Commission (“FERC”) issued a  Notice of Proposed Rulemaking (“NOPR” or “Proposed Rule”) seeking comment on proposals that would allow public utilities to make a filing pursuant to Section 205 of the Federal Power Act (“FPA”) to seek incentive-based rate treatment for certain cybersecurity investments made to improve the security of the Bulk-Power System (“BPS”). [1]  The NOPR follows a white paper published by FERC staff in June 2020, which expressed concern that the promulgation of mandatory reliability standards in accordance with Section 215 of the FPA may not be effective in responding to complex and rapidly evolving cybersecurity threats, and solicited comments on whether the Commission should use its ratemaking authority to encourage utilities to undertake additional investments on a voluntary basis. 

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