On July 7, 2008, CMS proposed a new Stark exception that will remove any question as to whether certain gainsharing arrangements are legally permissible. But, the new proposed regulation is so detailed that, if it is not changed during the regulatory process, few hospitals will be able to comply.

The proposed regulation outlines 16 elements that must be present for a gainsharing arrangement to fit into the new exception. Among those elements are:

• a minimum number of physicians must be involved in the arrangement;
• the arrangement must be for a limited time period; and
• an independent medical review of the impact on the quality of patient care must be conducted.

Please join HortySpringer partners Henry Casale and Phil Zarone for an in-depth discussion of this new proposed regulation. Henry and Phil compare the new proposed Stark regulation to the OIG gainsharing advisory opinions and discuss where they are similar, where they differ and how to interpret the anti-kickback statute in light of the advisory opinions and the new proposed Stark regulation. They also discuss:

• What happens if you comply with some of the rule's requirements but not all?
• Can you use another exception?
• Is there anything hospitals should do now?

Audio CD or MP3: $225

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