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Stark Law, Anti-Kickback Statute Changes: The Impact on Healthcare M&A

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, April 14, 2021

Recorded event now available

or call 1-800-926-7926

This CLE course will guide healthcare counsel through applying the new Stark and AKS regulations on healthcare transactions and M&A. The panel will discuss how these changes impact healthcare providers and others in healthcare deals.

Description

Heathcare M&A was down in 2020 in large part due to COVID-19, but the deals are expected to be back in 2021.

On Nov. 20, 2020, the Department of Health and Human Services published the long-awaited and highly anticipated Final Rules revising the regulations related to the Stark Law and the Anti-Kickback Statute (“AKS”). The Final Rules in large part were intended to provide a framework for protecting certain value-based arrangements that incentivize care coordination, quality of care and cost containment, but they also set forth new Stark exceptions and AKS safe harbors, as well as modify existing exceptions and safe harbors, that affect transactions outside of the value-based arena. For example, the Final Rules clarify interpretations of current existing regulations and key definitions, including the “Big 3” fair market value (“FMV”), commercial reasonableness, and volume or value standards.

It is essential that counsel to parties doing healthcare deals conduct due diligence and ensure compliance, as the penalties for violation of these fraud and abuse rules can be severe. Providers must ensure arrangements with physicians are appropriate. Counsel to healthcare M&A deals will need to review regulatory considerations, including compliance with the Stark Law and AKS and state law equivalents, among other things.

Listen as our authoritative panel of healthcare attorneys examines the impact and application of the Final Rules on contemporary healthcare transactions and M&A.

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Outline

  1. Brief Overview: Road to the Final Rules
  2. Review of changes to Stark and AKS, as well as application to healthcare M&A hypothetical
  3. Potpourri of additional new, modified AKS safe harbors
  4. Best practices and recommendations

Benefits

The panel will review these and other important issues:

  • New AKS safe harbors and Stark Law exceptions
  • Due diligence considerations in healthcare deals
  • Impact of the Stark changes on healthcare providers and healthcare M&A

Faculty

Washlick, John
John R. Washlick
Shareholder
Buchanan Ingersoll & Rooney

Mr. Washlick focuses his practice on healthcare transactions and corporate compliance. He is Co-Chair of the...  |  Read More

Alleva, Heather
Heather R. Alleva
Associate
Buchanan Ingersoll & Rooney

Ms. Alleva focuses her practice on representation of health systems, hospitals, physician groups, behavioral health...  |  Read More

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