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Course Details

Course Information
  • smart_display Format

    On-Demand

  • signal_cellular_alt Difficulty Level

  • work Practice Area

    Health

Date & Time
  • event Date

    Wednesday, January 20, 2021

  • schedule Time

    1:00 p.m. ET./10:00 a.m. PT

  • timer Program Length

    90 minutes

Credit Information

  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.

$297.00
CLE
ALL

This CLE course will guide healthcare counsel on mitigating the regulatory risks in healthcare transactions. The panel will address licensure, fraud and abuse, reimbursement, and other regulatory issues that raise potential liability risks. The panel will offer best practices for minimizing risk and ensuring compliance.

Faculty

Glenn P. Prives
Shareholder
Baker, Donelson, Bearman, Caldwell & Berkowitz PC

Mr. Prives helps clients navigate the strict regulatory structure of the healthcare industry. Clients appreciate that he is a practical healthcare and corporate law attorney who negotiates hard to get their deals done. His experience on behalf of healthcare clients encompasses hospital-physician alignment, private equity transactions, mergers and acquisitions, affiliations, alliances, strategic transactions, joint ventures, recruitment matters, the drafting and negotiation of contractual agreements, healthcare information technology issues, integrated delivery systems (population health), and clinical integration matters. Clients also seek out his advice on a variety of healthcare regulatory matters, including the Stark Law, the Anti-Kickback Statute, state self-referral laws, fraud and abuse, HIPAA, health care reform, Medicare and Medicaid issues, coverage and overpayment issues, compliance, regulatory and due diligence reviews, licensure and certification issues, the corporate practice of medicine, and fee-splitting laws.

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Roger D. Strode
Partner
Foley & Lardner LLP

Mr. Strode's practice focuses on health care business transactions, including mergers, acquisitions, corporate restructurings and joint ventures, general corporate matters and health care regulation. His experience includes the representation of institutional health care providers, large physician groups, specialty providers (ASC development organizations), health care private equity firms and industry consultants. He participated as lead counsel in numerous health care and corporate transactions, including the purchase and sale, or transfer of sponsorship of hospitals, health systems, physician practices and health maintenance organizations; the formation of specialty hospitals; and the formation of ancillary services joint ventures.

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Description

Transactions in the healthcare industry involve unique challenges that are not often present when undertaking similar transactions in other industries. Parties to a healthcare transaction should keep in mind certain key considerations related to regulatory compliance as they contemplate and negotiate a transaction.

As a highly regulated industry, parties to any transaction should consider the licenses and permits needed to provide healthcare services. Compliance challenges also arise in reimbursement for services. While some errors in reimbursement submissions may be minor, they could result in significant penalties and repayment liability. Further, fraud and abuse risks exist under federal and state anti-kickback laws and the Stark Law.

As transactions involving healthcare services providers continue to increase, counsel must have a clear understanding of where potential risks arise. Knowing the risks allows counsel to take steps to mitigate and allocate the risk through contract provisions.

Listen as our authoritative panel of healthcare attorneys examines mitigating healthcare transactions' regulatory risks. The panel will address licensure, fraud and abuse, reimbursement, and other regulatory issues that raise potential liability risks. The panel will offer best practices for minimizing risk and ensuring compliance.

Outline

  1. Key areas of regulatory risk
    1. Reimbursement
    2. Fraud and abuse
    3. Licensure
    4. CARES Act
    5. Compliance programs
  2. Mitigating regulatory risks
    1. Reps and warranties/ reps and warranties insurance
    2. Documentation

Benefits

The panel will review these and other key issues:

  • State and federal AKS and Stark Law risks and compliance
  • Liability risks that arise from a significant failure to meet reimbursement requirements
  • Regulatory requirements relating to retention of healthcare services' licenses or permits