In the early 2000s, concern arose that the adoption of electronic health record (EHR) technology was sluggish. To help address this issue, CMS proposed, and in 2006 finalized, a Stark Law exception permitting hospital systems (and others) to subsidize the EHR costs of physicians under certain circumstances. Fast-forward 20 years and a new concern has arisen: the adoption of cybersecurity measures is not proceeding apace. To help address this issue, the 2020 rulemaking both expands the reach of the EHR exception and creates a new exception for donations of cybersecurity technology and services. This webinar provides an in-depth look at the impact of the new rule on both EHR and cybersecurity subsidies and donations. 

Presentation materials

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White paper 

In December 2020, the Centers for Medicare & Medicaid Services (CMS) finalized its long-awaited changes to the agency’s regulations governing the federal physician self-referral law, commonly known as the Stark Law (Final Rule). Many of the changes had been proposed by the agency in an October 2019 proposed rulemaking (Proposed Rule). The Final Rule represents the most significant Stark Law rulemaking in more than a decade. The Health Care Group at Dentons US presented a series of seven webinars, each with a companion white paper, addressing the principal components of the Final Rule. This is the sixth of these white papers. It addresses changes made in the Final Rule to update, clarify and expand the electronic health records exception (EHR Exception) and create a new exception for donations of cybersecurity technology and services (Cybersecurity Exception).

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