Legal Strategies for Creating, Restructuring
or Unwinding Joint Arrangements in
an Uncertain Regulatory Environment
***New CMS Rule Changes Prohibit "Under Arrangements"
Joint Ventures and Disallow Some Per-Click Lease Arrangements Beginning October 1, 2009***
CD of Teleconference with Q&A
Click here for program outline
Conducted on Thursday, November 20, 2008
Now available on CD
Sponsored by Health Law Week, Hospital Litigation Reporter,
and New York Health Law Update
Health Law Teleconference Advisory Board
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.
The panel for this legal event included:
Roger D. Strode, Jr., Partner, McDermott Will & Emery, Chicago. He focuses on healthcare business transactions, including corporate restructurings and joint ventures. He has served as lead counsel in the formation of numerous physician–hospital joint ventures.
Catherine T. Dunlay, Partner, Schottenstein Zox & Dunn, Columbus, Ohio. She is Co-Leader of the firm's Health Care Practice Group. She represents hospitals, physicians and other healthcare organizations in joint ventures, including hospital–physician relationships.
Lorin E. Patterson, Partner, Reed Smith, Falls Church, Va. He focuses on healthcare joint venture formation, planning and development. He assists healthcare clients in the formation and capitalization of physician-owned entities. He frequently speaks at national conferences focusing on physician-owned anciallary services.
The panel reviewed 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?
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
- 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.
Click here for program outline