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Reducing Patient Leakage by Directing Physician Referrals, AKS Safe Harbors, and Stark Law Exceptions

Recording of a 90-minute CLE video webinar with Q&A

This program is included with the Strafford CLE Pass. Click for more information.
This program is included with the Strafford All-Access Pass. Click for more information.

Conducted on Wednesday, October 27, 2021

Recorded event now available

or call 1-800-926-7926

This CLE course will guide healthcare counsel on combatting patient leakage. The panel will discuss whether and how healthcare systems are currently using directed referral requirements. The panel will also address how to implement referral requirements in compliance with the Stark Law. The panel will offer best practices for healthcare systems interested in using, monitoring, and enforcing directed referral requirements. The panel will also address safe harbors to the AKS and exceptions to the Stark Law to incentivize physicians to achieve health outcomes.

Description

Many healthcare systems are experiencing patient leakage when patients choose out-of-network providers over those in network. As a result, the healthcare systems are losing substantial revenue. This often occurs because physicians refer patients for out-the-network services.

Many hospitals or healthcare systems do not include provisions in their physician contracts that would require that the physicians only refer their patients for in-network services (directed referral requirements). This is often because the hospitals or healthcare systems are concerned about Stark violations or that such requirements would (or would appear to) interfere with the doctors' medical judgment.

Hospital and healthcare system leadership and counsel need to understand when and how to use directed referral requirements to combat patient leakage and the value-based safe harbors to the federal and state anti-kickback statutes and exceptions to the Stark Law to incentivize physicians to achieve health outcomes for a patient population.

Listen as our authoritative panel of healthcare attorneys examines whether and how healthcare systems currently use directed referral requirements. The panel will also address how directed referral requirements can be implemented in compliance with the Stark Law. The panel will offer best practices for healthcare systems interested in using, monitoring, and enforcing directed referral requirements. The panel will also address safe harbors to the AKS and exceptions to the Stark Law to incentivize physicians to achieve health outcomes.

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Outline

  1. Directed referral requirements
    1. Whether and how to use
    2. Implementation in compliance with healthcare regulations
  2. Best practices
    1. Using directed referral requirements
    2. Monitoring directed referral requirements
    3. Enforcing directed referral requirements
  3. AKS safe harbors and Stark exceptions

Benefits

The panel will review these and other key issues:

  • How can healthcare systems use directed referral requirements to minimize patient leakage?
  • How can directed referral requirements be implemented in compliance with the Stark Law?
  • What best practices should hospitals and healthcare systems employ to monitor and enforce directed referral requirements?

Faculty

Lovitch, Karen
Karen S. Lovitch

Chair, Health Law and Health Care Enforcement Defense Practices
Mintz

Ms. Lovitch counsels clients on regulatory, transactional, and operational issues, including Medicare coverage and...  |  Read More

Yount, Rachel
Rachel E. Yount

Of Counsel
Mintz Levin Cohn Ferris Glovsky and Popeo

Ms. Yount’s practice involves a variety of regulatory, compliance, and transactional matters for a broad range...  |  Read More

Access Anytime, Anywhere

Strafford will process CLE credit for one person on each recording. All formats include course handouts.

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