Gainsharing Arrangements: Legal and Business Considerations

Complying With Legal and Regulatory Requirements When Structuring Arrangements

Recording of a 90-minute CLE webinar/teleconference with Q&A


Conducted on Wednesday, February 1, 2012
Recorded event now available


This CLE webinar will provide healthcare counsel with a review of current trends in the use of gainsharing arrangements and common gainsharing models. The panel will outline best practices for hospitals and physicians to minimize legal and business risks when entering into gainsharing arrangements.

Description

Gainsharing arrangements encourage hospitals and physicians to work together to make patient treatment more efficient by giving physicians a percentage share of a hospital’s cost savings that result from the physician’s efforts to reduce costs.

Healthcare counsel face a number of legal and regulatory hurdles when assisting their clients with structuring gainsharing arrangements. In the past, the arrangements have been found to potentially violate the Civil Monetary Penalties Act and the Anti-Kickback statute.

Counsel must have a detailed understanding of the legal and business issues implicated by gainsharing arrangements to properly structure and document the arrangements.

Listen as our authoritative panel of healthcare practitioners examines gainsharing arrangements and the key legal and regulatory concerns when structuring and documenting the arrangements.

Outline

  1. Current trends in gainsharing arrangements
  2. Common gainsharing models
  3. Legal considerations when structuring arrangements
  4. Formalizing the gainsharing model in a Memorandum of Understanding

Benefits

The panel will review these and other key questions:

  • What are the key legal and regulatory concerns for healthcare providers considering gainsharing arrangements?
  • How do gainsharing arrangements differ from co-management arrangements?
  • What critical provisions should be included in the Memorandum of Understanding formalizing the gainsharing arrangement?
  • How have healthcare reform and other recent legislative, regulatory and enforcement activities impacted the viability of gainsharing arrangements?

Faculty

Paul W. Pitts, Partner
Reed Smith, San Francisco

His practice focuses on advising hospitals, radiology and diagnostic imaging facilities, physician groups and other health care providers on fraud and abuse laws, reimbursement and coverage issues and participation in Medicare and Medicaid. He is experienced in negotiating and drafting agreements for newly formed and restructured providers, including operating and management agreements.

Curtis H. Bernstein, CPA/ABV, ASA, CVA, MBA, Director
Altegra Health, Denver

He specializes in providing valuation, transaction advisory, strategic and operational consulting services to clients. He has extensive experience working closely with hospital systems, physician groups, ambulatory surgery centers and other healthcare providers. He also provides valuation services in the areas of business valuation and complex compensation structures.

Ordering

Online CLE - Audio Recording

Includes audio streaming of full program plus handouts (available 24 hours after live seminar).

CLE: Pre-approved for participatory or non-traditional/alternate format credit in: CA, HI*, NY*, WV*. Pre-approved for self-study credit in: AK, AZ, MO, MT, TX, VT, WA.
Upon request, also available in: CO, CT*, FL, GA, ID, KY, LA*, ME, NC, ND, NE, NH, NM, NV, OR*, SC, TN, UT, WI*, WY. If you are applying for credit in one of these states, make sure to select those states when placing your order.
(*Indicates that Strafford must report attendance.)

Online CLE Audio $297.00
Available 24 hours after the live event

How does this work?


Recorded Event

Includes full event recording plus handouts (available after live seminar).

CLE: Pre-approved for self-study credit in: AK, AZ, CA, CT, HI, MO, MT, NY, TX, VT, WA, WV. Upon request, self-study credit is also available in: CO, FL, GA, ID, KY, ME, ND, NE, NH, NM, NV, OR, UT, WI, WY. If you are applying for self-study credit in one of these states, contact Strafford CLE at 1-800-926-7926 ext. 35 or CLE@straffordpub.com.

Webinar Download (Slide Presentation with Audio) $297.00
Available three business days after the live event

How does this work?

DVD (Slide Presentation with Audio) $297.00 plus $9.45 S&H
Available ten business days after the live event

MP3 Download (Audio with Slide PDFs) $297.00
Available 24 hours after the live event

How does this work?

CD (Audio with Slide PDFs) $297.00 plus $9.45 S&H
Available ten business days after the live event


CLE on Live Webinar

Continuing Legal Education credit processing is available for an additional fee per person per state in states where webinars and teleconferences are accredited. (AL, DE, ME, OK and VA attorneys, please call 1-800-926-7926 ext. 10 for special instructions.)

This webinar is eligible for at least 1.5 general CLE credits, depending on state rules.

You may register for CLE credit processing before or after a program (application deadlines vary by state).  Exception: PA and KS attorneys must pre-register for CLE (please call 1-800-926-7926 ext. 10).

CLE credits are not available for IN, OH, and PR or for NY attorneys admitted within the last 2 years.

CLE Processing $65.00

How does this work?

Webinar/Teleconference

Strafford webinars/teleconferences offer several options for participation: online viewing of speaker-controlled PowerPoint presentations with audio via computer speakers or via phone; or audio only via telephone (download speaker handouts prior to the program).  Please note that our webinars do not feature videos of the presenters.

Program Materials

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Program Materials

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Can't Attend the Live Program?

CLE Credit

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Customer Reviews

I liked the topic and the tools provided in the handouts.

Mildred Johnson

Texas Tech University Health Sciences Center

This was an excellent teleconference; one of the best I have listened to. The speakers were all very knowledgeable on the subject, but importantly, they were able to present in a very direct, easy to listen to and understand style.

Jose E Guzman, Jr.

Nossaman

The speaker's practical discussions were particularly helpful.

Kenneth J. Clarkson

Sullivan, Ward, Asher & Patton

Presentations were excellent. I especially benefited from the question and answer session, as the speakers addressed actual situations that affect many of us.

Angelica Toro

Popular

Convenient and well-organized.  Well-run program.

Michael V. Kruljac

IMERYS

Health Law Advisory Board

Lowell C. Brown

Partner

Arent Fox

Gina M. Kastel

Partner

Faegre Baker Daniels

David A. Manko

Partner

Rivkin Radler

John J. Miles

Principal

Ober Kaler

Gregg D. Reisman

Partner

Garfunkel Wild & Travis

J. Peter Rich

Partner

McDermott Will & Emery

Donald H. Romano

Of Counsel

Foley & Lardner

Judith A. Waltz

Partner

Foley & Lardner

Jesse A. Witten

Partner

Drinker Biddle & Reath

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