OIG and CMS Modify AKS Safe Harbor and Stark Law Exception for EHR Donations

The Situation: In light of the now widespread adoption of electronic health records ("EHR") technology, the U.S. Department of Health and Human Services Office of Inspector General ("OIG") and Centers for Medicare & Medicaid Services ("CMS") proposed modifications in October 2019 to modernize protections for EHR donations under the Anti-Kickback Statute ("AKS") and the Stark Law. The goal of the proposed modifications was to expand EHR donation protections in the regulatory safe harbor and...
By: Jones Day

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