![]() In addition, CMS removed the "volume or value" and the "other business generated" standards from the definition of "fair market value." Now, CMS considers the "volume or value" and the "other business generated" standards as separate and distinct requirements from the "fair market value" requirement. ![]() They also sought to provide additional specificity based on the type of the financial arrangement being valued for "fair market value," and specificity for the transactions contemplated in the Stark law exceptions.ĬMS removed "general market value" from the definition of "fair market value" at 42 C.F.R. Here, we outline changes to the definitions of "fair market value" and "general market value" under the new Stark regulations.ĬMS altered the definitions of "fair market value" and "general market value" to better reflect how they are defined in the statute. Most changes will be effective on January 19, 2021. The Centers for Medicare & Medicaid Services (CMS) and the Office of the Inspector General (OIG) worked together to finalize proposed protections for value-based arrangements and clarify existing Stark and AKS requirements to facilitate coordinated, value-based care, and cure undue confusion and burdens. The Department of Health and Human Services (HHS), on November 20, 2020, released final rules for the federal physician self-referral law (Stark) and the anti-kickback statute (AKS).
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