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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 is a dedicated and knowledgeable healthcare attorney. He represents numerous clients in the healthcare industry, including group practices, ambulatory surgery centers, urgent care centers, telemedicine providers, laboratories, medispas, infusion centers, healthcare service firms, home health agencies, imaging centers, addiction centers, senior living facilities, management service organizations (MSOs), pharmacies, hospitals, and rural clinics, among others. Mr. Klele is well-versed in healthcare litigation, regulatory compliance matters, and transactional matters, providing comprehensive legal support to his clients. To better assist his clients, he keeps track of statutory and regulatory changes to both state and federal laws and routinely writes and speaks on healthcare issues. Mr. Klele's in-depth knowledge and experience in healthcare law make him a valuable asset to his clients. As an experienced litigator, and with extensive knowledge of regulatory issues, he represents healthcare clients in a wide range of disputes including payor audits, healthcare reimbursement issues, including ERISA, and claims involving the federal False Claims Act and its state equivalents. Mr. Klele also represents his clients in contract disputes, partnership disputes, facility construction disputes, non-compete actions, as well as other general litigation matters. Additionally, he represents individual physicians and other healthcare professionals before their respective boards for investigations and disciplinary actions, as well as in other licensing matters.

Ms. Osak's practice regularly includes working with hospitals and health care systems to identify and effectuate strategic affiliations and acquisitions, and to provide guidance on topics such as the corporate practice of medicine, licensure and certification requirements and health information privacy and security. Ms. Osak draws on her previous experience as an associate counsel at a large academic medical center as she assists clients with balancing the business- and legal-needs for each strategic relationship, as well as advising clients on day-to-day health care operations.
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This 90-minute webinar is eligible in most states for 1.5 CLE credits.
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Live Online
On Demand
Date + Time
- event
Wednesday, August 16, 2023
- schedule
1:00 p.m. ET./10:00 a.m. PT
Outline
- Structuring healthcare management arrangements
- Corporate practice of medicine
- Fee-splitting
- Regulatory compliance
- Anti-Kickback Statute
- Stark law
- State laws
- Compensation and FMV considerations
Benefits
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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