Skip to Main Content


Holland & Hart News Update

New Stark and Anti-Kickback Statute Comparisons

By Kim Stanger, J. Malcolm (Jay) DeVoy, and other Co-Authors

On November 20, 2020, CMS and the OIG published their much anticipated amendments to the federal Stark and Anti-Kickback laws. As summarized in our recent client alert, the changes open the door to value-based contracting with potential referral sources. They also modify existing regulations and create new safe harbors applicable to provider relationships.

To assist our clients and friends, Holland & Hart has prepared a redline version of the regulations that highlight the changes. The documents may be accessed here:

The Federal Register versions of the revised regulations and accompanying commentary may be accessed here:

For a more in-depth view into the new rules, please join Holland & Hart healthcare attorneys Jay DeVoy and Amber Ellis for a complimentary webinar on December 17, 2020, which will discuss the final rules, focusing on:

  • The new value-based exceptions and safe harbors and their initial/continuing requirements for compliance;
  • Comparison and contrast between the related provisions under Stark and AKS;
  • Discussion of new definitions related to value-based exceptions and safe harbors.

Please RSVP for the December 17 webinar here.

This publication is designed to provide general information on pertinent legal topics. The statements made are provided for educational purposes only. They do not constitute legal or financial advice nor do they necessarily reflect the views of Holland & Hart LLP or any of its attorneys other than the author. This publication is not intended to create an attorney-client relationship between you and Holland & Hart LLP. Substantive changes in the law subsequent to the date of this publication might affect the analysis or commentary. Similarly, the analysis may differ depending on the jurisdiction or circumstances. If you have specific questions as to the application of the law to your activities, you should seek the advice of your legal counsel.


Unless you are a current client of Holland & Hart LLP, please do not send any confidential information by email. If you are not a current client and send an email to an individual at Holland & Hart LLP, you acknowledge that we have no obligation to maintain the confidentiality of any information you submit to us, unless we have already agreed to represent you or we later agree to do so. Thus, we may represent a party adverse to you, even if the information you submit to us could be used against you in a matter, and even if you submitted it in a good faith effort to retain us.