OIG, CMS Release Final Rules for EHR Stark Exception, Anti-Kickback Safe Harbor

HHS’ Office of Inspector General and CMS have released final rules that revise the Anti-Kickback Statute safe harbor and Stark Law exception, respectively, for certain arrangements involving the donation of electronic health records.

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The donation of an item with the value of an EHR program would normally raise fraud and abuse concerns, but exemptions to the Stark Law and AKS were crafted to encourage widespread implementation of EHRs and allow smaller provider groups to accept gifts of EHR software without violating the law and statute. The Stark exemption and AKS safe harbor both permit EHR donations if certain safeguards are met.

 

Read the full article on Becker’s Hospital Review.

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