Gain-Sharing with the Hospital: What is Possible in the Current Legal Environment

This article focuses on the idea of gain-sharing, defined as engagement between the hospitals and physician to create effective joint processes, common outcome measures, joint accountability, and a sharing of results. Gain-sharing is a logical approach to addressing fragmented care, cost containment, and improved clinical outcomes. In particular, this article focuses on contracts under which a hospital or institutional provider retains an independent clinic or physicians to tackle specific issues of service line performance.