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CMS Extends Effectiveness of Stark II, Phase II
Regulations Until March 26, 2008.
On March 23, 2007, the Centers for Medicare & Medicaid
Services (“CMS”) published a notice in the Federal Register
extending the effectiveness of the agency’s March 26, 2004
interim final rule with comment period, commonly referred to
as the “Stark II, Phase II Regulations.” In the
ordinary course, a Medicare interim final rule loses its
legal effect if the final rule is not published within three
years from the date of publication of the interim final
rule. This deadline may be extended by an additional
year if, as here, the Secretary of the U.S. Department of
Health & Human Services issues a notice of continuation,
which explains why the timeline cannot be met.
According to the March 23 notice, CMS is unable to meet the
three-year deadline “because [it] received extensive public
comments requesting clarification of and revisions to [the
Regulations]” and because of the need for “substantial
interagency coordination between CMS, [HHS] Office of
Inspector General and the Department of Justice.” CMS
intends to publish the final rule (which will be called the
Stark “Phase III” final rule) on or before the March 26,
2008 deadline.
>>
Click Here for link to the full press release from the
Federal Register.
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