This is the second of a two-part article on the subject of bundled payment reimbursement arrangements, which are becoming more widely implemented in health-care settings. (Part I was published in the prior issue of the New Jersey Law Journal.)
As noted in Part I, bundled payment arrangements show promise for controlling costs and maintaining quality. Indeed, the federal government has launched a $10 billion Bundled Payment Care Improvement (BPCI) initiative involving approximately 1,400 organizations. (Fischer, E.S., “Medicare’s Bundled Payment Program for Joint Replacement Promise or Peril?” Journal of the American Medical Association, Editorial, Sept. 27, 2016, Vol. 316, No. 12.) These arrangements implicate a range of legal constraints, however. This top-ten list is intended to highlight key components of bundled payment arrangements that must be kept in mind when structuring them.
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