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

Structuring Private Equity Healthcare Management Service Organizations

Corporate Practice of Medicine and Fee-Splitting, Regulatory Compliance

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

Physician practices must be prepared to participate in clinically integrated networks and be better positioned to survive in a value-based payment landscape. MSOs can help private equity firms and physicians achieve this goal while maintaining a certain level of autonomy for physicians where direct ownership of the professional practice and direct employment by the private equity firm is not desirable or possible.

As private equity investment continues in the healthcare sector, MSOs can provide resources and support for healthcare providers. MSOs can also offer private equity firms an alternative means of investing and participating in the healthcare sector where legal and business hurdles present themselves, but the investment is not without risk. Counsel must thoroughly understand the services provided and the critical terms in the MSO agreement.

Counsel must consider several factors unique to healthcare when structuring private equity MSOs, including the corporate practice of medicine and fee-splitting rules and prohibitions, as well as the Anti-Kickback Statute and other regulatory compliance requirements.

Listen as our authoritative panel examines the nuts and bolts of structuring healthcare private equity MSOs. The panel will explain considerations for both the private equity group and the physician practice and the unique compliance risks presented by healthcare MSOs for private equity investors. The panel will outline guidance for counsel to address healthcare regulatory issues in healthcare private equity MSOs.

Presented By

Angela Humphreys
Chair, Healthcare Practice Group; Co-Chair, Healthcare Private Equity Team
Bass Berry & Sims Plc

Ms. Humphreys leads the firm’s national healthcare practice. With more than 20 years of experience, she has counseled national healthcare organizations on hundreds of transactions in the healthcare industry, including hospitals and health systems, health plans, surgery centers, physician practice management companies, laboratories and healthcare information technology companies, among others. She also leads interdisciplinary teams to provide clients with creative solutions to the operational and regulatory issues they face while working within an ever-changing, complex regulatory environment.

Glenn P. Prives
Shareholder
Baker, Donelson, Bearman, Caldwell & Berkowitz PC

Mr. Prives extensive experience spans critical areas such as hospital-physician alignment, mergers and acquisitions, private equity transactions, joint ventures, strategic alliances, due diligence reviews, licensure matters, and health care information technology. He is also experienced in health care compliance, providing guidance on key regulatory matters, including the Stark Law, the Anti-Kickback Statute, HIPAA, and the corporate practice of medicine doctrine. Mr. Prives serves a diverse health care client base, representing both for-profit and not-for-profit health systems, physician groups, academic medical centers, ambulatory surgery centers (ASCs), home health agencies, laboratories, telemedicine companies, medical billing companies, dental groups, and substance abuse centers. His experience also extends to advising private equity firms, investment funds, family offices, and investors in the health care sector. Beyond health care, Mr. Prives brings considerable experience in corporate law, regularly advising on mergers and acquisitions, contractual negotiations, regulatory compliance, and due diligence across various industries.

Patrick D. Souter
Of Counsel
Gray Reed & Mcgraw LLP

Mr. Souter is known for his legal and educational experience in the healthcare industry, making him a sought-after resource for clients and students alike. His primary areas of practice are related to transactional and administrative healthcare, corporate, securities and antitrust matters. Mr. Souter is also a Professor of Healthcare Studies at Baylor University School of Law where he oversees the healthcare law program and teaches Healthcare Law, Healthcare Fraud and Abuse and Regulation of Healthcare Professionals. He is also involved with the Robbins Institute for Health Policy and Leadership at the Baylor University Hankamer School of Business where he teaches Healthcare Law and Ethics in its M.B.A. in Healthcare Administration Program and Executive M.B.A. Program.

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


  • Live Online


    On Demand

Date + Time

  • event

    Tuesday, March 19, 2024

  • schedule

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

  1. Factors when considering MSO investment with healthcare providers
    1. For private equity firm
    2. For physician practice
  2. Structuring healthcare MSOs with private equity
    1. Corporate practice of medicine
    2. Fee arrangements
  3. Regulatory issues

The panel will review these and other key issues:

  • What factors contribute to private equity firms and physician practices considering and entering into MSO arrangements?
  • What are the critical factors for counsel in structuring MSOs?
  • What are best practices for counsel to ensure regulatory compliance in a physician practice private equity MSO?