Spencer Fane attorney Ayesha Mehdi recently wrote an article for Clark County Bar Association’s Communiqué magazine covering the ongoing enforcement policies of the federal Stark Law and Anti-Kickback Statute during the COVID-19 pandemic.
Titled “The Stark Law and Anti-Kickback Statute in the Age of COVID-19,” the article analyzes the current regulations and the changes that have been implemented as a result of the pandemic, including the Stark Blanket Waivers and AKS Policy Statement.
“While the Stark Blanket Waivers and AKS Policy Statement should be welcome developments across the healthcare industry, stakeholders should be mindful that these enforcement postures are nuanced and fact-dependent in their application,” Ayesha explained in the article. “[S]takeholders should strive to document those instances in which they invoke these policies and the reasons why they are applicable.”
Ayesha also emphasized that the U.S. Department of Health and Human Services (HHS) regulatory enforcement is temporary based on the duration of the public health emergency.
To read the full article, please click here.