New OIG Guidance Addresses Common Stark Law Misconceptions

The OIG also clarified that fair market value alone is not determinative of AKS compliance. While fair market value and commercial reasonableness are relevant considerations, they represent only part of the analysis, and do not substitute for meeting all elements of an applicable safe harbor or otherwise ensuring that remuneration is not intended to induce referrals, including requirements related to compensation structure, documentation, and the volume or value of referrals. These updates serve as a reminder that providers should not rely solely on Stark Law compliance or fair market value in assessing fraud and abuse risk, and must instead ensure that arrangements satisfy both an applicable Stark Law exception and an Anti-Kickback Statute safe harbor.