What You Need to Know About Stark Law Blanket Waivers, Anti-Kickback Statute Discretion During COVID-19

In its blanket waiver document, the CMS provides examples of remuneration, referrals or conduct that would qualify for the waiver of sanctions:

• In order to accommodate patient surge, a hospital rents office space or equipment from an independent physician practice at below fair market value or at no charge.
• A hospital or home health agency purchases items or supplies from a physician practice at below fair market value or receives such items or supplies at no charge.
• An entity provides free telehealth equipment to a physician practice to facilitate telehealth for patients who are observing social distancing or in isolation or quarantine. 
• A physician refers a Medicare beneficiary who resides in a rural area for physical therapy furnished by the medical practice that is owned by the physician’s spouse and located within one mile of the beneficiary’s residence.
• A hospital sends a hospital employee to an independent physician practice to assist with  staff training on COVID-19, intake and treatment of patients most appropriately seen in a physician office, and care coordination between the hospital and the practice.
• A physician refers a Medicare beneficiary to a home health agency owned by the immediate family member of the physician, because there are no other home health agencies with capacity to provide medically necessary home health services to the beneficiary during the COVID-19 outbreak in the United States.