Are physicians who lease office space in hospitals, or even physician contractors, considered “hospital-based?”
In ARRA’s legislative language, “hospital-based” is defined by the site of service and not by any employment or billing arrangement. However, the language could be interpreted in such a way as to allow some physicians in hospitals to participate in the program for providers if they do not use the facilities or equipment (including the EHRs) provided by the hospital. These questions will be addressed in the future regulations.
