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CMS-1403-FC
existing exceptions to protect a broader range of
beneficial, nonabusive incentive payment and shared savings
programs.
d. Conclusion
It is evident from the variety of comments that we
received and the detailed descriptions from some commenters
of existing or “ideal” incentive payment or shared savings
programs that such programs can be structured in a
multitude of ways. Experience with one program model does
not ensure an understanding of the impact of another
program model. The structures of programs with similar
positive outcomes do not necessarily resemble each other.
We intend to continue working toward finalizing an
exception (or exceptions) for incentive payment and shared
savings programs. We do not believe, as several commenters
suggested, that we must or should delay the issuance of a
final exception until the completion of the gainsharing
demonstrations authorized by section 1866C of the Act and
section 5007 of the DRA. (See 73 FR 38550 for a
description of these initiatives.) However, without the
additional information discussed in this preamble, our
efforts to finalize an exception(s) will be hindered. By
soliciting additional public comments on the proposed
exception for incentive payment and shared savings
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