Gainsharing Arrangements: A Review of the Governing Law and CMS's Proposed New Stark Exception
HFMA Massachusetts-Rhode Island Chapter, Mass Media (Volume XXXVI Issue 2)
1/2009
Garrett G. Gillespie and Brian P. Dunphy
Hospitals are under constant pressure to manage costs while at the same time providing the best possible care. One approach to managing costs is through the use of so-called gainsharing arrangements. As described by the Centers for Medicare & Medicaid Services ("CMS"), these arrangements "seek to align physician economic incentives with those of hospitals by offering physicians a share of the hospitals' variable cost savings attributable to the physicians' efforts in controlling the costs of providing patient care."
In this article, published in January 2009 in HFMA Massachusetts-Rhode Island Chapter, Mass Media (Volume XXXVI Issue 2), Mintz Levin attorneys Garrett G. Gillespie and Brian P. Dunphy explain gainsharing arrangements; the Office of Inspector General guidance issued to date concerning gainsharing; and the CMS's proposed exception.
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