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 downstream 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.
- Application of the AKS, Stark law, and safe harbors
- Physician incentive plan rules
- Civil monetary penalty exposure
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 downstream 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 downstream provider arrangements?
Alexis Finkelberg Bortniker
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.Close
Torrey K. Young
Foley & Lardner
Ms. Young is a member of the firm’s Health Care Industry Team and the Government Enforcement Defense &... | Read More
Ms. Young is a member of the firm’s Health Care Industry Team and the Government Enforcement Defense & Investigation Practice. She provides healthcare regulatory compliance advice, investigation defense counseling, and strategic planning for financial arrangements for many types of providers, including hospitals and health systems, academic medical centers, laboratories, home health agencies, hospices, urgent care providers, telehealth companies, and DMEPOS suppliers. Ms. Young has significant experience conducting internal investigations, responding to False Claims Act claims, providing fraud and abuse analyses, and advising on Medicare/Medicaid reimbursement issues. She also implements compliance programs and assesses their effectiveness, as well as counsels clients on clinical research, research misconduct, and grants administration.Close