Hospital–Physician Joint Ventures Under Heightened Government Scrutiny

Description

Recent legislative and regulatory activity, increased government enforcement, and a deteriorating economic environment have created uncertainty among providers and hospitals about the continued viability of hospital–physician joint ventures.

CMS recently finalized changes that will prohibit "under arrangements" joint ventures and disallow many per-click lease arrangements. Members of Congress are also pushing for changes to the Stark Law’s “whole hospital” exception that could significantly limit hospital-physician joint ventures.

Given the changing landscape, it is critical that hospitals and physicians examine their current business arrangements and the legal issues implicated, and prepare to possibly restructure or dismantle their joint ventures.

Listen as our panel of healthcare attorneys reviews the current regulatory and enforcement activities affecting hospital–physician joint ventures and offers best practices for creating, restructuring or unwinding joint ventures in light of the changing regulatory and enforcement environment.

Outline

1. Overview of recent regulatory activity affecting joint ventures
   1. Stark Phase III Final Rule
   2. 2008 Medicare Physician Fee Schedule
   3. 2009 Medicare Inpatient Prospective Payment System Rule
2. Under arrangements
   1. History and current enforcement trends
   2. Issues in creating, restructuring and unwinding
3. Per click arrangements
   1. History and current enforcement trends
   2. Issues in creating, restructuring and unwinding
4. Whole hospital ventures
   1. History and current enforcement trends
   2. Issues in creating, restructuring and unwinding

Benefits

The panel will review these and other key questions:

• How are current legislative, regulatory and enforcement activities impacting the viability of hospital–physician joint ventures?
• What are the Stark and anti-kickback risks of hospital–physician joint ventures?
• What strategies have proven effective for physician and provider counsel during the creation, restructuring or unwinding of a hospital–physician joint venture?

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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