The Trump Administration is considering ways to ease anti-kickback rules. Device manufacturers and provider groups would welcome such a move, which they claim would help improve care coordination and delivery.
On Friday, the Office of the Inspector General asked for comments on how existing regulations “may act as barriers to coordinated care or value-based care.” Providers can respond until Oct. 26.
Anti-kickback statutes prohibit payment for recommending products or services to patients covered by Medicare or Medicaid. They exist primarily to deter fraud and abuse. But several device companies have said new rules are actually undermining care delivery.
The Centers for Medicare & Medicaid Services sent out its own request for information on possible changes to the physician self-referral or “Stark Law” and anti-kickback regulations in June, with that window for comment closing on Friday. Administrator Seema Verma expressed concerns, in a June blog post, that laws may be impeding value-based care. “Medicare’s regulations must support this close collaboration. The Stark Law and regulations, in its current form, may hinder these types of arrangements,” she wrote.