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

Physician Compensation After Changes to the Stark Law and Antikickback Statute Regulations

FMV, Commercial Reasonableness, and Volume or Value Standards

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About the Course

Introduction

This CLE course will guide healthcare counsel and compliance officers to what they need to know three years after the December 2020 changes to the Stark Law and Anti-kickback Statute regulations. The panel will discuss the evolving impact of the regulatory changes in the context of the recent ending of the COVID-19 Public Health Emergency and multiple other regulatory and legal developments since December 2020.

Description

Listen as our authoritative panel discusses and addresses your questions regarding the evolving impact of the December 2020 Stark Law and Anti-kickback final rules, including the new definitions and clarifications. The panel will discuss what the changes currently mean for healthcare providers and others in the healthcare industry as we close out 2023 and head into 2024.

Presented By

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.

Joseph Wolfe
Attorney
Hall, Render, Killian, Heath & Lyman PC

Mr. Wolfe provides advice and counsel to many of the nation's largest health systems, hospitals and medical groups on a variety of health care issues. He regularly counsels clients on a national basis regarding compliance-focused physician compensation strategies. Mr. Wolfe is a frequent speaker on issues related to the physician self-referral statute (Stark Law), hospital-physician transactions, physician compensation and health care fair market value issues. Before attending law school at the University of Wisconsin, he served as a combat engineer in the United States Army.      

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


  • Live Online


    On Demand

Date + Time

  • event

    Monday, December 4, 2023

  • schedule

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

  1. Overview of the current state of legal requirements for healthcare provider compensation arrangements, including the evolving understanding of the Stark Law regulatory definitions and exceptions and Anti-Kickback Statute safe harbors introduced in 2020
  2. Evolving concepts of fair market value and “commercially reasonable” since the December 2020 Stark Law final rules
  3. The current rule for not taking into account volume or value of referrals under the Stark Law v. Federal Anti-kickback Statute and other laws

The panel will review these and other vital issues:

  • A detailed look at key 2020 Stark Law and Federal Anti-kickback Statute regulatory changes relating to healthcare provider compensation
  • Current perspectives on the "Big 3" requirements of fair market value, commercial reasonableness, and the prohibition on "taking into account" the volume or value of referrals and how these concepts are being, and in the future may be, utilized in enforcement actions
  • Steps healthcare advisers can take to ensure regulatory compliance when evaluating physician and other healthcare provider compensation in 2024 and beyond