AAHS submits comments to CMS/HHS Stark Law Request

September 11, 2018

The Centers for Medicare and Medicaid Services (CMS), in conjunction with the U.S. Department of Health and Human Services, requested public comment on “how to address any undue regulatory impact and burden of the physician self-referral law” (more commonly known as Stark Law). 

The AAHS submitted a comment letter indicating that the Stark Law negatively affects patients with sleep-related breathing disorders, as patients must work with an outside DME provider to receive and manage their PAP equipment instead of directly through their physician, which may fragment care.  Implementing a Stark exemption for providers that participate in value-based models of care, which CMS is exploring along with other alternative payment models, will protect patients against unnecessary testing or erroneously prescribed treatment but will allow patients to have continuous care through their provider.