“The safe harbors are narrow and…limit the types of permissible compensation arrangements and may not address innovative payment methods such as payment bundles.” Rep. McDermott said in the letter.
He argued that because providers know the IRS is “closely scrutinizing” safe harbor issues related to tax-exempt bond financing arrangements, “stakeholders may have some anxiety with entering into new and innovative arrangements encouraged by the [Patient Protection and] Affordable Care Act.”
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