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Course Details

Course Information
  • smart_display Format

    On-Demand

  • signal_cellular_alt Difficulty Level

    Intermediate

  • work Practice Area

    Health

Date & Time
  • event Date

    Wednesday, August 16, 2023

  • 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 provide guidance to counsel involved in structuring healthcare management arrangements. The panel will discuss the nuts and bolts of structuring the transaction, including solutions to the specific risks presented by the corporate practice of medicine and fee-splitting issues. The panel will also address regulatory compliance unique to the healthcare industry and compensation issues.

Faculty

Khaled J. Klele
Partner
McCarter & English

Mr. Klele provides counsel to a variety of providers including long-term care facilities, ambulatory surgery centers, hospitals, laboratories, imaging centers, addiction centers, urgent care centers and pharmacies. He routinely represents his provider clients in a variety of healthcare litigation matters including reimbursement issues, False Claims Act allegations, ERISA and other litigation matters. He also represents his provider clients in compliance matters, including allegations of regulatory violations and assists his clients with state and federal licensing agencies. Mr. Klele has defended and represented long-term care facilities in matters involving allegations of regulatory violations and standard of care issues.  

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Ashley N. Osak
Principal
Polsinelli

Ms. Osak's practice regularly includes working with hospitals and health care systems to identify and effectuate strategic affiliations and acquisitions, and to provide guidance on topics such as the corporate practice of medicine, licensure and certification requirements and health information privacy and security.  Ms. Osak draws on her previous experience as an associate counsel at a large academic medical center as she assists clients with balancing the business- and legal-needs for each strategic relationship, as well as advising clients on day-to-day health care operations.

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Description

Management arrangements are deployed to manage nearly every healthcare entity, including physician practices, outpatient surgery, home health agencies, clinical laboratories, and rural hospitals. Physician practice management arrangements play a crucial role in states that have bans on the corporate practice of medicine. Many hospital systems have opened management companies to compete or partner with national for-profit chains.

Counsel must consider several factors unique to healthcare when structuring management arrangements, including the corporate practice of medicine and fee-splitting rules and prohibitions, as well as the Anti-Kickback Statute and other regulatory compliance requirements.

Counsel must also consider compensation and the determination of fair market value (FMV). Further, documentation of FMV is critical in arrangements where a healthcare facility and management services provider may generate referrals.

Listen as our authoritative panel of healthcare advisers examines healthcare management services. The panel will discuss the regulatory challenges, including AKS and Stark law compliance and corporate practice of medicine issues. The panel will also examine compensation, including FMV considerations. In addition, the panel will offer structural guidance.

Outline

  1. Structuring healthcare management arrangements
    1. Corporate practice of medicine
    2. Fee-splitting
  2. Regulatory compliance
    1. Anti-Kickback Statute
    2. Stark law
    3. State laws
  3. Compensation and FMV considerations

Benefits

The panel will review these and other key issues:

  • Anti-Kickback Statute and Stark law compliance
  • Practice management and the ban on the corporate practice of medicine
  • FMV compensation for management service