Hospital Employment of Physicians: Stark Law and Anti-Kickback Statute Compliance, Physician-Hospital Alignment

Course Details
- smart_display Format
Live Online with Live Q&A
- signal_cellular_alt Difficulty Level
Intermediate
- work Practice Area
Health
- event Date
Thursday, July 17, 2025
- 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.
The CLE course will provide hospital counsel with a review of critical issues involved when hospitals consider directly employing physicians, including applicable laws, regulations, and strategies for structuring employment contracts.
Faculty

Ms. Gross practices in the firm’s regulatory and business departments, where she assists health care providers, including hospitals, physicians, and health services companies with a broad range of corporate, transactional, compliance, and reimbursement issues. Prior to attending law school, Ms. Gross served as a program analyst with the Center for Consumer Information and Insurance Oversight within the Centers for Medicare & Medicaid Services. In that role, Ms. Gross was responsible for drafting portions of the first regulations establishing the Affordable Care Act’s health insurance exchanges and played a lead role in operationalizing the health plan certification process.

Mr. Oppenheim’s practice includes all aspects of transactional, operational and regulatory healthcare law, including mergers & acquisitions, affiliations, joint ventures and the formation of integrated delivery systems. Among his clients are many of the largest healthcare companies and hospital systems in the U.S. A nationally-recognized expert on anti-kickback and Stark Law issues, Mr. Oppenheim wrote the 2014 American Health Lawyers Association Monograph on Stark. He has served as an expert on anti-kickback and Stark Law issues in arbitration and litigation, in both civil and criminal proceedings. In addition, he creates and implements compliance programs, investigates compliance issues, responds to government enforcement actions, and negotiates settlements for many types of healthcare providers.

Mr. Ulrich is focused on providing valuation and consulting services for contractual service arrangements within the healthcare services industry. He has particular expertise in valuations relating to provider employment, on-call coverage, physician administrative and executive services, telemedicine, hospital-based coverage, management / billing, and quality initiatives. Prior to joining the Compensation Division, Mr. Ulrich worked in VMG Health’s Business Valuation division where he provided valuation services related to hospitals, specialty/surgical hospitals, ambulatory surgical centers, diagnostic imaging centers, and single and multi-specialty physician practices. He is currently designated as a Certified Valuation Analyst (CVA) and is a member of the National Association of Certified Valuation Analysts.
Description
Legal compliance complexities, declining reimbursement, and increased operating expenses are driving more physicians to close their private practices and pursue direct employment with hospitals. Hospitals considering hiring physicians must carefully evaluate the implications.
Hospitals must comply with employment and tax laws, the Stark Law, and the Anti-Kickback Statute when selecting an employment/operational model, recruiting physicians, structuring employment contracts, and planning for ongoing physician-hospital alignment.
Listen as our panel of healthcare attorneys explains the key considerations with hospital employment of physicians. The panel will offer strategies for structuring employment relationships that meet federal and state compliance requirements and for negotiating the employment agreement.
Outline
I. Legal considerations
A. Evaluating and selecting employment/operational models
B. Anti-Kickback Statute
C. Stark Law exceptions
D. Fair market value considerations
E. Tax law considerations
F. State law considerations
II. Physician employment contract and ancillary agreements
A. Duties and responsibilities
B. Autonomy
C. Terms and termination
D. Compensation/benefits
E. Incentive pitfalls to avoid
F. Restrictive covenants
Benefits
The panel will review these and other key issues:
- What are the critical legal concerns of hospitals before and when employing physicians?
- What steps should counsel take to ensure compliance with the Stark Law and Anti-Kickback Statute?
- What are the most successful compensation models for hospitals negotiating employment with physicians?
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