Hospital/Physician Engagement: Complying With Stark Law and AKS, Protecting Tax Status, Avoiding Deal Breakers
Recording of a 90-minute CLE webinar with Q&A
This CLE course will provide compliance and valuation guidance to counsel for hospitals and physician groups seeking to maximize their relationship, through varied types of professional services agreements (PSAs) in lieu of traditional employment models.
Outline
- PSAs and Hospital-Based Service Agreements -- Key legal issues
- Stark law
- Anti-kickback statute
- Reassignment rules
- Provider based status regulations and “Site Neutrality”
- Tax exemption
- Antitrust
- Valuation issues
- Determining an appropriate market rate of compensation
- Understanding the included elements versus those that are “pass through” items
- Perils of compensation stacking and potential redundancy of services
- Commercial reasonableness of the selected structure
- Lessons learned / potential pitfalls
Benefits
The panel will review these and other mission-critical issues:
- What are the benefits and drawbacks of PSAs vs. other forms of service agreements for hospitals and physician groups?
- What anti-kickback and Stark law issues does each model face?
- What are the best practices for structuring PSAs to avoid jeopardizing the hospital’s tax exempt status?
- What nuances should counsel be aware of with respect to valuations to support compliance?
Faculty
Scott M. Safriet, CVA, MBA
Partner
HealthCare Appraisers
Mr. Safriet has more than 20 years of broad healthcare experience, the last 13 of which have been spent exclusively on... | Read More
Mr. Safriet has more than 20 years of broad healthcare experience, the last 13 of which have been spent exclusively on a healthcare valuation focus, primarily addressing any type of agreement or compensation arrangement which may have Stark and/or Anti-Kickback implications. Prior to becoming a Partner at HealthCare Appraisers, Mr. Safriet served as Vice President of Sales and Business Development for a national in-home care services organization and as a senior executive with a national healthcare consulting firm whose emphasis was on strategy, business planning and acquisitions/mergers and joint ventures. Mr. Safriet is a Certified Valuation Analyst (CVA) and holds a Master of Business Administration (MBA) in Corporate Finance. He is a frequent speaker and author on healthcare valuation topics.
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Adria Warren
Partner
Foley & Lardner
Ms. Warren is a healthcare M&A and regulatory lawyer with deep experience advising hospitals, providers, and... | Read More
Ms. Warren is a healthcare M&A and regulatory lawyer with deep experience advising hospitals, providers, and healthcare enterprises on complex transactions, corporate, and regulatory compliance matters. Her experience includes mergers, acquisitions, joint ventures, and other affiliations and strategic transactions; forming provider groups, networks, and alliances; and advising on fraud and abuse and HIPAA compliance, employment, reporting and disclosure requirements, and marketing compliance. Ms. Warren has over two decades of experience and brings a wealth of business and transactional experience to assist clients in the healthcare industry, including providers, private equity, medical device companies, life sciences companies, and healthcare IT companies. In addition, she counsels entrepreneurs and established companies on a wide range of day-to-day legal and business issues from starting-up through going public, including corporate governance issues, securities laws compliance, tax, and employment matters.
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