Stark Law, AKS, and Healthcare M&A: Transactional Considerations, Safe Harbors and Exceptions, Recent Enforcement Action

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. Bierhoff counsels clients across the healthcare industry on various regulatory and compliance matters, including state and federal regulations governing surprise billing, telehealth, and fraud and abuse matters. She also assists her clients with reporting overpayments to insurance companies and responding to overpayment audits. Ms. Bierhoff assists clients at every stage of establishing and operating a healthcare facility, including but not limited to, ensuring compliance with state specific physical plant requirements, assisting with certificate of need and license applications, and guiding clients on processes related to Medicare enrollment and facility accreditation. She also assists ambulatory surgery centers (ASCs) with drafting organizational and operational documents, such as delineation of privileges forms, bylaws, and rules and regulations. Additionally, Ms. Bierhoff assists health systems with various transactions, including mergers, acquisitions, affiliations, joint ventures, and other strategic affiliations, and drafts related agreements.