Epstein Becker Green, on behalf of a number of clients, submitted comments in January, 2009, to the Office of Management and Budget (“OMB”) concerning the new Disclosure of Financial Relationships Report (“DFRR”), which requires 400 hospitals to disclose their financial relationships with their respective physicians.
The DFRR was implemented to collect information that will be used to analyze investment or compensation arrangements between each of the 400 hospitals selected by the Centers for Medicare & Medicaid Services (“CMS”) and the Department of Health and Human Services (“HHS”) to determine whether they are in compliance with the Stark law.
On December 19, 2008, CMS published a notice that the OMB would be accepting comments concerning the DFRR.
The DFRR requires, among other things, that hospitals disclose information regarding direct and indirect physician investment and ownership in the hospital, payments to the hospital by physician owners and each rental, personal service and recruitment arrangement between the hospital and physicians. The DFRR also contains a series of questions targeting information on other types of compensation arrangements between the hospital and physicians, including non-monetary compensation to physicians, medical staff incidental benefits that exceed published limits and charitable donations by physicians to the hospital.