Returning to our hospital-physician group arrangement above, the VBE could consider establishing a value based arrangement where the VBE assumed full financial risk from the payor with respect to the target patient population. The value based arrangement and the payments to the physician group would need to be structured and implemented, to comply with the requirements in the full financial risk exception. If successful, the remuneration paid by the hospital to the physician group for any value-based activity (
e.g. the hospital’s payment to the physician group for each post-discharge meeting a physician attends) would not violate the Stark Law.