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On October 25, 2018, the American Society of Anesthesiologists® (ASA) urged caution in the Trump Administration’s efforts to revise the Anti-Kickback Statute (AKS) noting that changes could exacerbate the onerous “Company Model.”
Passed more than 30 years ago, the AKS and other regulatory provisions have come under scrutiny as many provisions have grown outdated and are often seen as not responsive to the needs of today’s physicians, payers and, most important, patients. As part of a Request for Information (RFI), the U.S. Department of Health and Human Services’ (HHS) Office of the Inspector General (OIG) sought comments on ways to modify the statutes.
ASA has expressed support for HHS in its efforts to transform the health care system into one that better pays for value, and we share the view that care coordination is a key aspect of systems that deliver value.
Appropriate and meaningful revisions to AKS may have the opportunity to foster greater care coordination, as seen through the Perioperative Surgical Home, as well as opportunities for anesthesiologists to participate in new bundled payment arrangements and alternative payment programs.
ASA also cautioned HHS about making any regulatory modifications to the AKS that could allow for the expansion of the “Company Model” – a model that allows referring physicians to profit from their referrals for anesthesia services. Long a concern of the ASA, these sorts of arrangements engender referring physicians making decisions regarding selection of anesthesiologists based upon who is willing to turn over substantial professional revenues in exchange for the referrals.
For information on the Anti-Kickback Statute and administration regulatory relief activities, please contact the ASA Washington, DC office at [email protected] or 202/289-2222.
