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

Course Details
- smart_display Format
On-Demand
- signal_cellular_alt Difficulty Level
- work Practice Area
Health
- event Date
Wednesday, April 14, 2021
- 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 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.
Faculty

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.

Ms. Alleva focuses her practice on representation of health systems, hospitals, physician groups, behavioral health facilities and other healthcare providers in regulatory and compliance matters. She represents clients in mergers, acquisitions, affiliations, provider integration and other strategic transactions, as well as in reimbursement disputes. She counsels clients on state and federal regulation of healthcare providers, state and federal fraud and abuse matters, professional licensing issues, changes of ownership, Medicare and Medicaid enrollment, and HIPAA compliance.
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.
Outline
- Brief Overview: Road to the Final Rules
- Review of changes to Stark and AKS, as well as application to healthcare M&A hypothetical
- Potpourri of additional new, modified AKS safe harbors
- 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
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