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  • videocam On-Demand
  • signal_cellular_alt Intermediate
  • card_travel Health
  • schedule 90 minutes

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

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About the Course

Introduction

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.

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.

Presented By

Daniel J. Balk
Attorney
Hall, Render, Killian, Heath & Lyman PC

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.

Andrea Ferrari
Senior Counsel
Hancock Daniel & Johnson PC

Ms. Ferrari is a member of Hancock Daniel’s corporate healthcare group, where she focuses on issues related to transactional and enterprise compensation planning, governance and review, particularly issues related to fair market value and commercial reasonableness. Although her past experience encompasses a multitude of regulatory, transactional, governance and investigation matters, Ms. Ferrari is known especially for her work in recruitment and retention of highly compensated thought leader physicians and executives; and incentive payment distributions through ACOs and clinically integrated networks to advance value-based care initiatives. She has worked extensively with clients navigating the intersection of regulatory and financial considerations in clinical research, including agreements for funding and support services and the related issues of contracting and compliance; transactional due diligence for compensation compliance; and navigating the intersection of compensation and antitrust issues. Ms. Ferrari's expertise also includes recruitment, compensation and procurement governance for “essential” hospitals such as public, rural, academic and pediatric hospitals.

Wesley R. Sylla
Compliance Director - Investigations & Incidents
Ascension Health

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.

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


  • Live Online


    On Demand

Date + Time

  • event

    Tuesday, August 29, 2023

  • schedule

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

  1. Medical directorship arrangement risks
  2. Stark and AKS compliance
  3. Fraud and abuse compliance
  4. Recent government enforcement
  5. Best practices for structuring medical directorship arrangements
    1. Key provisions
    2. Valuation considerations

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?