Physician Compensation After Changes to the Stark Law and Antikickback Statute Regulations
FMV, Commercial Reasonableness, and Volume or Value Standards
Recording of a 90-minute CLE video webinar with Q&A
This CLE course will guide healthcare counsel and compliance officers to what they need to know three years after the December 2020 changes to the Stark Law and Anti-kickback Statute regulations. The panel will discuss the evolving impact of the regulatory changes in the context of the recent ending of the COVID-19 Public Health Emergency and multiple other regulatory and legal developments since December 2020.
Outline
- Overview of the current state of legal requirements for healthcare provider compensation arrangements, including the evolving understanding of the Stark Law regulatory definitions and exceptions and Anti-Kickback Statute safe harbors introduced in 2020
- Evolving concepts of fair market value and “commercially reasonable” since the December 2020 Stark Law final rules
- The current rule for not taking into account volume or value of referrals under the Stark Law v. Federal Anti-kickback Statute and other laws
Benefits
The panel will review these and other vital issues:
- A detailed look at key 2020 Stark Law and Federal Anti-kickback Statute regulatory changes relating to healthcare provider compensation
- Current perspectives on the "Big 3" requirements of fair market value, commercial reasonableness, and the prohibition on "taking into account" the volume or value of referrals and how these concepts are being, and in the future may be, utilized in enforcement actions
- Steps healthcare advisers can take to ensure regulatory compliance when evaluating physician and other healthcare provider compensation in 2024 and beyond
Faculty
Andrea M. Ferrari, JD, MPH
Principal and General Counsel
Pinnacle Healthcare Consulting
Ms. Ferrari has more than 25 years of experience in the healthcare industry in various counsel, consulting and... | Read More
Ms. Ferrari has more than 25 years of experience in the healthcare industry in various counsel, consulting and leadership roles. She serves clients inside and outside of Pinnacle, providing assistance with compliance strategy, risk management, due diligence, investigations, and litigation.
Her practice experience is national in scope and includes providing transactional, operational, governance, and dispute resolution support for a broad array of nonprofit, for-profit, and governmental clients, including hospitals and health systems, physicians and physician groups, clinical laboratories, and pharmaceutical and medical device vendors, distributors, and manufacturers. She has assisted clients with structuring, documenting, managing, and, when appropriate, defending financial arrangements involving healthcare providers, often with attention to requirements and implications of the Stark Law, Anti-kickback Statute, False Claims Act, non-profit tax regulations, Foreign Corrupt Practices Act and/or the various state laws concerning billing, payment and corporate practice of medicine. Her work has included assisting clients with mergers and acquisitions, affiliations, joint ventures, public-private partnerships, enterprise-level compliance programs, and healthcare workforce recruitment and management arrangements, including significant incentive, independent contractor, and employment arrangements that exceed $1 million in annual compensation. Her work has also included outside general and special counsel services for healthcare clients, focusing on their contracting and compensation practices.
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Joseph N. Wolfe
Attorney
Hall Render Killian Heath & Lyman
Mr. Wolfe provides advice and counsel to many of the nation's largest health systems, hospitals and medical groups... | Read More
Mr. Wolfe provides advice and counsel to many of the nation's largest health systems, hospitals and medical groups on a variety of health care issues. He regularly counsels clients on a national basis regarding compliance-focused physician compensation strategies. Mr. Wolfe is a frequent speaker on issues related to the physician self-referral statute (Stark Law), hospital-physician transactions, physician compensation and health care fair market value issues. Before attending law school at the University of Wisconsin, he served as a combat engineer in the United States Army.
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