Anti-Kickback Statute and Stark Law Compliance in Managed Care Contracts
Navigating Safe Harbors and Physician Incentive Plan Rules, Limiting Civil Monetary Penalty Exposure
Recording of a 90-minute CLE webinar with Q&A
This CLE webinar will guide healthcare counsel on ensuring compliance with the Anti-Kickback Statute (AKS) and Stark law in managed care contracting and down-stream provider arrangements. The panel will also provide best practices for counsel on structuring arrangements to fit within the AKS safe harbors and Stark exceptions and the applicable physician incentive plan rules.
Outline
- Application of the AKS, the Stark law and the safe harbors
- Physician incentive plan rules
- Civil monetary penalty exposure
Benefits
The panel will review these and other key issues:
- When does a risk-sharing arrangement between a managed care organization and physician constitute a financial arrangement under Stark?
- What rules are applicable when structuring down-stream provider arrangements?
- What is the scope of the AKS and Stark safe harbors?
- What are the exceptions in AKS and Stark that create flexibility for managed care contracts and down-stream provider arrangements?
Faculty

Alexis Finkelberg Bortniker
Partner
Foley & Lardner
Ms. Bortniker is a member of the firm’s Healthcare Industry Team. Her practice focuses on transactional and... | Read More
Ms. Bortniker is a member of the firm’s Healthcare Industry Team. Her practice focuses on transactional and regulatory matters with an emphasis on counseling health systems, hospitals, and other providers in managed care and physician contracting. Ms. Bortniker has experience analyzing and restructuring complicated physician-hospital relationships to ensure compliance from Stark and anti-kickback perspective. In addition, she counsels healthcare clients in general corporate and regulatory compliance matters, including employment negotiations, HIPAA compliance, reporting and disclosure requirements and marketing compliance.
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Lindsey E. Gabrielsen
Atty
Foley & Lardner
Ms. Gabrielsen is a member of the firm’s Government Enforcement Defense & Investigations Practice and... | Read More
Ms. Gabrielsen is a member of the firm’s Government Enforcement Defense & Investigations Practice and Healthcare Industry Team. Her practice focuses on serving clients in the healthcare industry, including hospitals, academic medical centers, physician organizations, post-acute care providers, and other healthcare entities, with respect to a wide range of healthcare regulatory, compliance and corporate matters, government investigations and audits, and internal investigations. Ms. Gabrielsen has managed Stark and Anti-Kickback internal investigations for healthcare providers, assisted clients with responses to government investigations and audits, and provided legal analyses for provider self-disclosures and repayments.
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