Physician Recruitment After Stark Phase III

Description

The Stark Phase III regulations, effective Dec. 4, 2007, significantly expand and clarify the physician recruitment exception to the Stark Law. Further, CMS issued a Stark Law Advisory Opinion on physician recruitment arrangements in October 2007, providing new guidance to practitioners.

Physician recruitment is a risky business for healthcare providers. Improper handling has triggered a rising number of criminal prosecutions of hospital management teams, exorbitant civil settlements, and in one case, the exclusion of a major healthcare provider from federal healthcare programs.

Listen as our panel of healthcare attorneys examines the impact of the Stark Phase III regulations on physician recruitment and the challenges inherent in physician recruitment. The panel will also offer best practices for minimizing risks and facilitating physician recruitment within the boundaries of complex legal restrictions.

Outline

1. Stark Phase III and physician recruitment
   1. Definition of “geographic area served by the hospital”
   2. Definition of “relocate”
   3. Physician exemptions
   4. Restrictive covenants on recruited physician
2. Recruitment agreements
   1. Adopt formalized physician recruitment policy and process
   2. Implement compliance program
   3. Signed, written agreement
   4. Remuneration not based on volume or value of referrals
   5. Recruited doctor can establish privileges at other hospitals
   6. Recruited doctor can refer patients to other hospitals
   7. Physician or practice may not impose additional restrictions on recruited doctor
3. Best practices to facilitate successful recruitment and minimize risks
   1. Precautions to consider
   2. Overview of Advisory Opinion 2007-01
   3. Common issues and open issues in physician recruitment

Benefits

The panel reviewed these and other key questions:

• How do the Stark Phase III regulations expand the physician recruitment exception to the Stark Law?
• What are the regulatory challenges facing healthcare providers in recruiting physicians?
• How can recruitment agreements be crafted to avoid violating federal and state laws and regulations?
• What lessons can be learned from CMS's October 2007 Advisory Opinion and court decisions on hospital recruitment efforts?
• What are the best practices for facilitating successful physician recruitment to minimize legal risks involved?

CLE Credit

Strafford seminars qualify for CLE credits in every state that accredits teleconferences. They offer you a high quality, cost effective, and convenient CLE option, with no lost travel time or expenses.

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