Structuring Hospital-Physician Joint Ventures: Stark, AKS, Antitrust Compliance

Course Details
- smart_display Format
On-Demand
- signal_cellular_alt Difficulty Level
- work Practice Area
Health
- event Date
Tuesday, February 11, 2020
- schedule Time
1:00 p.m. ET./10:00 a.m. PT
- timer Program Length
90 minutes
-
This 90-minute webinar is eligible in most states for 1.5 CLE credits.
This CLE course will prepare hospital and physician counsel to anticipate and minimize risks arising under the Stark Law, Anti-Kickback Statute, and other federal and state laws when establishing hospital-physician joint ventures.
Faculty

Mr. Strode's practice focuses on health care business transactions, including mergers, acquisitions, corporate restructurings and joint ventures, general corporate matters and health care regulation. His experience includes the representation of institutional health care providers, large physician groups, specialty providers (ASC development organizations), health care private equity firms and industry consultants. He participated as lead counsel in numerous health care and corporate transactions, including the purchase and sale, or transfer of sponsorship of hospitals, health systems, physician practices and health maintenance organizations; the formation of specialty hospitals; and the formation of ancillary services joint ventures.

Mr. Hilvert's practice has focused exclusively on representing health care providers on transactional, governance, regulatory and compliance matters.

Mr. Holland focuses his corporate transactions and regulatory practice on assisting healthcare and life sciences organizations in navigating the myriad rules related to the U.S. healthcare system, providing care to patients and developing the healthcare technologies of the future. He works with clients to determine where and when to incorporate, how to structure their businesses to minimize risk, and the relevant regulatory approvals and licenses needed to operate. Once organizations are up and running, he counsels clients regarding ongoing challenges, including reimbursement, fraud and abuse, and data privacy and security.
Description
Health systems face reimbursement, cost, and other critical challenges. Joint ventures with physicians benefit hospitals in several ways, including helping them meet government and private payor mandates to provide coverage and access to care. Physicians in joint arrangements gain better managed care contracts and new revenue sources.
Counsel for hospitals and physicians face many legal and regulatory hurdles when assisting clients with establishing joint ventures. A detailed understanding of the issues implicated by joint arrangements is critical to avoid penalties and sanctions.
Listen as our authoritative panel of healthcare counsel reviews current trends in hospital-physician joint ventures and explains the advantages and disadvantages of different joint venture models. The panel will outline best practices for anticipating and minimizing risks arising under the Stark Law, Anti-Kickback Statute, and other federal and state laws when creating joint ventures.
Outline
- Payment models driving hospital-physician joint ventures
- Reimbursement
- Value-based payment
- Shared savings/ACOs
- Payment bundling
- Evolution of joint venture models
- Full integration: physician employment
- Jointly owned facilities
- Management and co-management arrangements
- Clinical integration
- Legal considerations when entering joint ventures
- Antitrust concerns
- Stark Law and exceptions
- Anti-kickback Statute and safe harbors
- Tax-exempt status considerations
Benefits
The panel will review these and other key questions:
- How have healthcare reform and other recent legislative, regulatory, and enforcement activities impacted the viability of hospital-physician joint ventures?
- What are the common business models for hospital-physician ventures--and the advantages and disadvantages of each model?
- What are the Stark Law and anti-kickback risks for hospital-physician joint ventures?
- What strategies have proven effective for hospital and physician counsel during the creation of joint ventures?
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