About the Course
Introduction
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.
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.
Presented By
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.
Ms. Osak provides innovative, thoughtful and strategic legal solutions that are unique to each client’s needs. Her practice consists primarily of health care mergers, acquisitions, joint ventures and strategic affiliations for a wide variety of health care clients. Those clients regularly include non-profit hospitals and health systems, private equity groups and their health care portfolio funds, publicly traded health care systems, as well as large physician and specialty provider groups and medical spas. Ms. Osak has extensive experience in providing guidance on the corporate practice of medicine, health care transaction notice requirements in California, and licensure and certification requirements for professionals and professional entities.
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This 90-minute webinar is eligible in most states for 1.5 CLE credits.
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Date + Time
- event
Wednesday, August 16, 2023
- schedule
1:00 p.m. ET./10:00 a.m. PT
- Structuring healthcare management arrangements
- Corporate practice of medicine
- Fee-splitting
- Regulatory compliance
- Anti-Kickback Statute
- Stark law
- State laws
- Compensation and FMV considerations
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
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