Value-based arrangement
means an arrangement for the provision of at least one value-based activity for a target patient population to which the only parties are—(1) the value-based enterprise and one or more of its VBE participants; or (2) VBE participants in the same value-based enterprise.”
As previously noted, only “compensation arrangements” (and
not ownership or investment arrangements) qualify as “value-based arrangements” for purposes of the new value-based exceptions. Further, only those compensation arrangements between a physician (or an immediate family member of a physician) and an entity to which the physician makes referral for DHS (and
not compensation arrangements between a payor and a physician) qualify as “value-based arrangements”. Of note, qualifying “value-based arrangements” must ultimately relate to a target patient population, but are