Legal Risks in Physician Hires
CD of Teleconference with Q&A
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Conducted on Thursday, April 3, 2008
Now available on CD |
and New York Health Law Update
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.
The panel included:
Donna S. Clark, Partner, Baker Hostetler, Houston. She represents hospitals and physicians in federal and state regulatory matters, with an emphasis on compliance with referral laws. She is a frequent speaker and writer on healthcare topics.
Albert W. Shay, Partner, Sonnenschein Nath & Rosenthal, Washington, D.C. He represents hospitals and physician groups in regulatory and transactional matters, providing counsel on federal and state self-referral restrictions and anti-kickback laws.
Jennifer D. Malinovsky, Partner, Nelson Mullins Riley & Scarborough, Atlanta. She assists healthcare providers with organizational and operational issues, business management and planning, and state and federal fraud and abuse issues.
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?
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TELECONFERENCE CD
Purchase a CD-ROM of the full conference proceedings, including Q&A and PDF files of all handouts (available 10 days after the program).
- Regular Price - $297 (plus $9.45 S&H)
- With Teleconference Registration – an additional $75 (plus $9.45 S&H)
CLE credit is available for an additional $65 each for attorneys seeking CLE credits for NY or CT. Other states may grant CLE credits for listening to this CD - check with your state about applying for self-study credit on CD-listening.


