Hospital Employment of Physicians: Stark Law and Anti-Kickback Statute Compliance, Physician-Hospital Alignment
Recording of a 90-minute CLE webinar with Q&A
The CLE course will provide hospital counsel with a review of critical issues involved when hospitals consider directly employing physicians, including applicable laws, regulations and strategies for structuring employment contracts.
Outline
- Legal considerations
- Evaluating and selecting employment/operational models
- Anti-Kickback Statute
- Stark Law exceptions
- Tax law considerations
- State law considerations
- Physician employment contract and ancillary agreements
- Duties and responsibilities
- Autonomy
- Terms and termination
- Compensation/benefits
- Incentive pitfalls to avoid
- Restrictive covenants
Benefits
The panel will review these and other relevant issues:
- What are the critical legal concerns of hospitals before and when employing physicians?
- What steps should counsel take to ensure compliance with the Stark Law and Anti-Kickback Statute?
- What are the most successful compensation models for hospitals negotiating employment with physicians?
Faculty
Lorin E. Patterson
Shareholder
Buchanan Ingersoll & Rooney
Mr. Patterson assists healthcare clients in the formation and capitalization of physician-owned entities such as... | Read More
Mr. Patterson assists healthcare clients in the formation and capitalization of physician-owned entities such as ambulatory surgical facilities, specialty hospitals and related joint ventures. He also represents physicians on a wide variety of matters, including Stark, fraud and abuse compliance, as well as group practice formation and operations. Mr. Patterson is a frequent speaker on the topic of physician-owned ancillary services.
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Brad M. Rostolsky
Partner
Reed Smith
Mr. Rostolsky assists hospitals on arrangements with physicians, such as joint ventures, physician recruitment,... | Read More
Mr. Rostolsky assists hospitals on arrangements with physicians, such as joint ventures, physician recruitment, practice acquisitions, employment arrangements, and exclusive provider agreements, as well as compliance with federal and state laws governing referrals among health care providers, such as the "Anti-Kickback Law" and "Stark II." He has written and spoken on a variety of health law topics.
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Jennifer E. Tyler
Atty
Arnall Golden Gregory
Ms. Tyler’s practice focuses on regulatory counseling to a variety of providers, including hospital systems and... | Read More
Ms. Tyler’s practice focuses on regulatory counseling to a variety of providers, including hospital systems and individual hospitals, academic medical centers, single and multi-specialty practice groups, physical therapy, and home and community-based services providers. Her areas of focus include the Stark Law, the Anti-Kickback Statute and other federal and state fraud and abuse laws, compliance counseling, privacy and security, health regulatory due diligence, and Medicare/Medicaid reimbursement matters.
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