Stark Legislation - Are there Recent Updates?

As of March 18, 2026, there is no major new stark legislation (i.e., no new statutory amendments passed by Congress in the very recent past, such as in 2025 or early 2026). The most significant statutory change in recent years was in the Consolidated Appropriations Act, 2023 (enacted December 29, 2022), which added a new exception for physician wellness programs.

This allows certain facilities (e.g., hospitals, ambulatory surgical centers, rural emergency hospitals) to offer bona fide mental health or behavioral health programs to physicians in their service area, provided specific requirements are met. This exception has been in effect since late 2022.

Most recent developments involve regulatory updates and clarifications from the Centers for Medicare & Medicaid Services (CMS), rather than new laws.

Annual adjustments to compensation limits (via CPI-U inflation updates): For calendar year 2026, the nonmonetary compensation exception limit is $535 per physician (up from prior years), medical staff incidental benefits are under $46 per occurrence, and limited remuneration to a physician is capped at $6,237 aggregate.

Updates to the Designated Health Services (DHS) Code List for CY 2026, including additions like certain remote therapeutic monitoring codes and radiology/imaging services.

Ongoing enforcement remains active, with DOJ/CMS settlements and self-disclosures under the Stark Law (often tied to False Claims Act cases) continuing in 2025 and into 2026, including cases involving improper compensation or referrals.

No major new final rules from CMS specifically overhauling Stark in 2025 or 2026; the last comprehensive modernization was the 2020 final rule (effective mostly 2021, with some parts 2022) that introduced value-based exceptions, cybersecurity donations, and EHR updates.

Advocacy groups (e.g., LUGPA) continue pushing for broader legislative reform to modernize the law for value-based care and reduce burdens on independent practices, but no such bill has passed recently.

Medical Attorney Daniel Horowitz provides expert advice on Stark Legislation and Stark law violations.  If you are being investigated for a Stark Law violation contact Daniel at (925) 283-1863.