HHS issued blanket waivers of physician self-referral laws that will remain in effect for the duration of the COVID-19 national emergency, which President Joe Biden has recently extended beyond April.
When the national emergency ends, however, these Stark Law waivers will disappear. Healthtech company Alaffia Health laid out tips for providers to prepare for when the waivers disappear in a March 7 post.
These Stark Law blanket waivers temporarily remove sanctions from arrangements "solely related" to COVID-19 purposes, such as shifting care to alternative settings because of capacity restraints. The waivers exempt 18 types of remuneration and referrals and impose a good faith standard.
Alaffia Health suggests providers do a compliance review of referral and remuneration arrangements that include the following:
1. Ensuring any financial or referral arrangements made during the waiver period are properly documented.
2. Returning loaned items provided by other entities to combat the pandemic.
3. Ending financial relationships allowed under the blanket waivers.
4. Ensuring all non-monetary compensation of medical staff is within the 2022 limit of $452.