NAMAS Webinar Q&A: New AKS and Stark Law Final Rules: Key Take-Aways, 02/24/2021

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Thu Mar 04, 2021 10:36 am

All questions were answered in session for the NAMAS webinar: New AKS and Stark Law Final Rules: Key Take-Aways, originally presented on February 24, 2021. However, our webinar presenter, Rachel Rose, Attorney, found some additional information regarding one of the questions.

Question 1:
So to clarify, services listed by CMS as being acceptable to be provided via audio only is still acceptable, eg AWV visits? telehealth during PHE to clarify
Answer 1:
The original answer was “wait and see approach that would include fraud during the pandemic.” However this statement was released a couple of days after the presentation:

HHS-OIG Says It Is Crucial To Ensure Fraud Does Not Compromise Switch To Telemedicine

Healthcare IT News (3/1, Jercich) reports the HHS-OIG “recognized telehealth’s potential while cautioning that steps must be taken to ensure virtual care will not be compromised by fraud.” On Friday, OIG Principal Deputy Inspector General Christi A. Grimm stated that “the quick pivot to telemedicine amidst the COVID-19 pandemic makes oversight, transparency, accountability and program integrity all the more important.” She wrote, “OIG is conducting significant oversight work assessing telehealth services during the public health emergency. Once complete, these reviews will provide objective findings and recommendations that can further inform policymakers and other stakeholders considering what telehealth flexibilities should be permanent.”
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