Co-Management Arrangements in Healthcare: Compliance in Hospital-Physician Arrangements

Recording of a 90-minute CLE webinar with Q&A

Conducted on Thursday, December 7, 2017

Recorded event now available

or call 1-800-926-7926
Program Materials

This CLE webinar will provide guidance to counsel for healthcare facilities and physicians on the legal implications of co-management arrangements. The panel will review applicable laws, regulations and fair market value considerations to structure the arrangements to meet compliance requirements.


Healthcare providers are facing pressure to improve patient care and marketplace competition. Co-management arrangements offer an opportunity to improve the quality and efficiency of medical care by providers.

In co-management arrangements, an incentive-based compensation model, physicians work collaboratively with hospital executives to assist in managing a hospital department or service line. Under these arrangements, the healthcare system and the physicians have vested interests, responsibilities and accountability. When entering into such arrangements, counsel to healthcare systems and physicians must take care to avoid violating various federal and state statutes, including anti-kickback laws, the Stark law and state self-referral statutes and the federal civil monetary penalty statute.

Listen as our authoritative panel of two healthcare attorneys and one valuation expert examine co-management arrangements and the key legal and regulatory concerns, fair market value considerations, and structural guidance. The panel will also offer insight into these arrangements from the hospitals’ and physicians’ perspectives.



  1. Co-management arrangements defined
    1. Service line co-management arrangements
    2. Model
    3. Payment arrangements
  2. Key regulatory concerns
    1. Civil Monetary Penalty statute
    2. Anti-kickback statute
    3. Physician Self-Referral statute (Stark)
    4. False Claims Act
    5. Provider-based status rules
    6. Tax exemption/intermediate sanctions
    7. Antitrust
  3. Co-management arrangements: hospital vs. physician’s perspective
  4. Fair market value and business considerations


The panel will review these and other key issues:

  • What steps can hospitals, physicians and their counsel take to ensure compliance with health care laws?
  • What are the key regulatory concerns for healthcare providers considering co-management arrangements?
  • What are the key drivers of the valuation process regarding these arrangements?
  • What are some common pitfalls to avoid in these arrangements?


Bortniker, Alexis
Alexis Finkelberg Bortniker

Senior Counsel
Foley & Lardner

Ms. Bortniker focuses her practice on health care law, specifically transactional and regulatory matters with an...  |  Read More

Donald H. Romano
Donald H. Romano

Of Counsel
Foley & Lardner

Mr. Romano has extensive experience counseling hospitals, skilled nursing facilities and academic medical centers and...  |  Read More

Safriet, Scott
Scott M. Safriet, CVA, MBA

HealthCare Appraisers

Mr. Safriet has more than 20 years of broad healthcare experience, the last 13 of which have been spent exclusively on...  |  Read More

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