CMS has proposed new Stark regulations as part of the hospital in-patient perspective payment system rules for Fiscal Year 2009. 

On April 14, 2008, CMS proposed new IPPS rules which contain proposed Stark regulations with respect to alternative solutions for the "stand in the shoes" provisions which were first proposed in the Stark Phase III rules and solicits new comments on a proposed exception for gain sharing. 

The proposed rules have been posted on the MedLaw Blog and can also be accessed through the link below.

We will be posting summaries of the "Stand in the Shoes" and "Gain Sharing" proposals written the next several days.