Stark Law and Anti-Kickback Statute: Impact on Healthcare M&A
Key Transactional Considerations, Safe Harbors and Exceptions, Recent Enforcement Activity
A live 90-minute CLE video webinar with interactive Q&A
This CLE course will guide healthcare counsel through applying the Stark Law and Anti-Kickback Statute (AKS) regulations to healthcare transactions and M&A. The course is also intended to serve as a resource for healthcare officers and organizations contemplating the viability of various business considerations, and the potential risks presented, including but not limited to corporate structuring and restructuring, provider and services agreements, and physician ownership in entities offering ancillary services revenues. The panel will discuss how the Stark Law and AKS impact healthcare providers, healthcare organizations, and others in healthcare deals. The panel also will discuss lessons learned from recent enforcement activity and offer best practices for compliance.
Outline
- Introduction:
- Stark Law and AKS application to healthcare M&A
- Recent enforcement activity
- Hypotheticals
- Safe harbors and exceptions
- Recent enforcement activity, best practices, and recommendations
Benefits
The panel will review these and other key issues:
- The "Big 3"--fair market value, commercial reasonableness, and volume/value standards
- AKS safe harbors and Stark Law exceptions
- Best practices for compliance
Faculty
Sydney R. Bierhoff
Attorney
Buchanan Ingersoll & Rooney
Ms. Bierhoff counsels clients across the healthcare industry on various regulatory and compliance matters, including... | Read More
Ms. Bierhoff counsels clients across the healthcare industry on various regulatory and compliance matters, including state and federal regulations governing surprise billing, telehealth, and fraud and abuse matters. She also assists her clients with reporting overpayments to insurance companies and responding to overpayment audits. Ms. Bierhoff assists clients at every stage of establishing and operating a healthcare facility, including but not limited to, ensuring compliance with state specific physical plant requirements, assisting with certificate of need and license applications, and guiding clients on processes related to Medicare enrollment and facility accreditation. She also assists ambulatory surgery centers (ASCs) with drafting organizational and operational documents, such as delineation of privileges forms, bylaws, and rules and regulations. Additionally, Ms. Bierhoff assists health systems with various transactions, including mergers, acquisitions, affiliations, joint ventures, and other strategic affiliations, and drafts related agreements.
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John R. Washlick
Shareholder
Buchanan Ingersoll & Rooney
Mr. Washlick is a recognized authority on federal income tax issues involving tax-exempt organizations and the... | Read More
Mr. Washlick is a recognized authority on federal income tax issues involving tax-exempt organizations and the Anti-Kickback Statute and the Stark Law. His guidance is often sought as his clients assess various arrangements with physicians, such as clinical joint ventures, co-management arrangements, integrated delivery systems, business joint ventures, physician recruitment, practice acquisitions, employment arrangements, hospital/physician integration planning and exclusive provider agreements. Mr. Washlick also advises healthcare industry clients, including entrepreneurs and investment-backed entities on general corporate law and regulatory healthcare-related issues, such as the corporate practice of medicine and fee splitting laws. He has experience in structuring, negotiating and documenting a variety of complex business transactions, including mergers and acquisitions, joint operating agreements, joint ventures, clinical co-management agreements, academic and clinical affiliations, and contractual relationships among providers and with third-party payors. Mr. Washlick advises clients in the formation or acquisition of new entities, the restructuring of existing entities and the creation of alliances or other integration initiatives. Mr. Washlick speaks and writes on transaction, governance, regulatory and compliance matters, and he has been published in many healthcare and tax-related publications.
CloseEarly Discount (through 04/18/25)