Medical Directorships: Key Considerations, Fraud and Abuse Compliance, Lessons From Recent Enforcement

Course Details
- smart_display Format
On-Demand
- signal_cellular_alt Difficulty Level
Intermediate
- work Practice Area
Health
- event Date
Tuesday, August 29, 2023
- schedule Time
1:00 p.m. ET./10:00 a.m. PT
- timer Program Length
90 minutes
-
This 90-minute webinar is eligible in most states for 1.5 CLE credits.
This CLE course will provide guidance to assist in navigating the risk areas of medical directorship arrangements. The panel will discuss relevant healthcare laws and lessons from recent enforcement activity and offer some best practices for medical directorship and other physician leadership or consulting arrangements.
Faculty

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.

Mr. Sylla has a decade of experience in helping hospitals and health systems comply with healthcare's fraud and abuse regulatory framework. Specializing in provider compensation arrangements, Mr. Sylla has used that experience to develop compensation plans, investigate and audit provider arrangements, and resolve problematic arrangements with governmental agencies.

Mr. Balk focuses his practice on transactions and regulatory compliance matters. Working with a variety of healthcare entities, including hospitals, health systems and long-term care and post-acute providers, he serves as a strategic partner providing the experience needed to successfully address the many unique issues that can arise during healthcare transactions. Mr. Bank also assists clients as they navigate the complex regulatory considerations that govern the healthcare industry.
Description
Medical directorships and other compensated physician leadership arrangements are common throughout the healthcare industry. Hospitals, health systems, accountable care organizations, clinically integrated networks, research centers, life sciences companies, and other healthcare stakeholders often engage physicians to serve as service line or organizational leaders and to lead or oversee organizational development, management or change, including initiatives to advance quality and value goals. However, although such arrangements are fairly commonplace and have become integral to effective healthcare delivery, there are potential pitfalls in such arrangements in light of new regulatory changes and enforcement trends. In the event an arrangement does not comply with applicable law, parties may be at risk of incurring substantial penalties.
Listen as our authoritative panel of healthcare attorneys examines medical directorship arrangements. The panel will discuss key considerations the parties should keep in mind before entering directorship arrangements. The panel will examine healthcare fraud and abuse laws and lessons from recent government enforcement activity. The panel will offer best practices to ensure compliance with Stark, AKS, HIPAA, and other applicable laws, and avoid violations of the healthcare fraud and abuse laws when entering into medical directorship arrangements.
Outline
- Medical directorship arrangement risks
- Stark and AKS compliance
- Fraud and abuse compliance
- Recent government enforcement
- Best practices for structuring medical directorship arrangements
- Key provisions
- Valuation considerations
Benefits
The panel will review these and other key issues:
- What are the characteristics and pitfalls of medical directorship and other physician leadership and consulting arrangements? How do they vary based on circumstances?
- What are the legal risks of these types of arrangements?
- What are the key issues for physicians and counsel when negotiating and structuring such arrangements?
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