WASHINGTON, DC - Health Subcommittee Chairman Michael C. Burgess, M.D. (R-TX) issued the following statement after the Centers for Medicare and Medicaid Services (CMS) issued a Request for Information to collect feedback from stakeholders and the public about the Stark Law.
“Reducing the burden on providers is a top concern shared by many of our Members on the Energy and Commerce Committee. The committee welcomes CMS’ Request for Information and looks forward to working with the Trump Administration to find ways to reduce existing barriers to the creation of innovative new payment models and arrangements. This is an important conversation to have in an evolving health care system, especially as we continue to implement the Medicare Access and CHIP Reauthorization Act of 2015 and its’ focus on moving away from volume-based care. It is critical we modernize laws, such as the Stark Law, to ensure we are not standing in the way of providers and their role in delivering quality care."
Background:
Numerous health care experts have noted that provisions of current law and regulation inhibit innovative clinical and payment models. For example, a 2012 study by the nonpartisan Government Accountability Office (GAO) noted that “stakeholders GAO spoke with reported that the laws, regulations, and agency guidance have created challenges for program design and implementation."
GAO also stated, “there are no exceptions or safe harbors specifically for financial incentive programs intended to improve quality and efficiency, and legal experts reported that the constraints of existing exceptions and safe harbors make it difficult to design and implement a comprehensive program for all participating physicians and patient populations."
