Antitrust Issues Under the New York DSRIP Process

By: David Oakley
– NYSBA’s Health Law Journal
The unfolding process in the New York Medicaid Delivery System Reform Incentive Payment Program (DSRIP), the work of the resulting regional Performing Provider Systems, and the move towards value-based payments with health plans, is all predicated on certain assumptions. Those assumptions include, but are not limited to: providers should collaborate more with each other; some clinical and/or administrative services should be shared among providers; some institutional downsizing needs to occur while ambulatory care capacity is expanded, “silos” within the health care world should be breached, and economies of scale should be achieved.

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