Compensation Arrangements With Rock Star Physicians: Key Legal and Fair Market Value Considerations

A live 90-minute CLE webinar with interactive Q&A


Thursday, October 17, 2019

1:00pm-2:30pm EDT, 10:00am-11:30am PDT

or call 1-800-926-7926

This CLE webinar will guide healthcare counsel on rock star physician compensation arrangements. The panel will discuss determining whether a physician is a rock star and will examine Stark Law, fair market value (FMV), and commercial reasonableness considerations. The panel will offer best practices for structuring rock star physician compensation arrangements.

Description

There are certain physicians that are renowned locally, regionally, nationally, or internationally for their specialty expertise and/or services. These physicians, sometimes known by the colloquial term “Rock Stars,” may be in demand not only for their clinical services, but also for their influence and leadership of other physicians and their ability to attract patients, donors, and research dollars.

Compensation for the services of Rock Star physicians can pose challenging legal and valuation questions for hospitals and other healthcare providers that contract for the Rock Star’s services. As with other physicians, compensation arrangements with Rock Star physicians may need to comply with an exception to the Stark law and/or with the prohibitions in the federal Anti-Kickback Statute, as well as with the various state laws that regulate the type, purpose, process, and amount of compensation that may be permissible.

Since many Rock Star physicians are academic physicians who hold appointments at academic medical centers and teaching hospitals that are not-for-profit, tax-exempt and/or tax-supported, there are sometimes additional legal concerns related to the obligations and restriction on the payor of the compensation pursuant to tax-exemption or public financing laws. For all these reasons, ensuring that compensation arrangements with Rock Star physicians are reasonable and at fair market value is generally imperative. Yet, given their unusual qualifications and lack of comparability to other physicians, establishing reasonableness and fair market value can be a challenge.

Listen as our authoritative panel of healthcare counsel discusses the processes and criteria for determining:

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Outline

  1. Whether a physician is a Rock Star;
  2. The potential legal and regulatory pitfalls in compensation arrangements with Rock Star Physicians, including under the federal Stark Law, Antikickback Statute, tax-exemption requirements such as Section 501(c)(3) and the new Section 4960 of the Internal Revenue Code, and various types of state laws;
  3. FMV and reasonableness as appropriate to comply with legal and regulatory restrictions and avoid pitfalls; and
  4. Best practices for contracting with Rock Star Physicians.

Benefits

The panel will review these and other key issues:

  • What makes a physician a Rock Star physician?
  • The potential legal and regulatory pitfalls in compensation arrangements with Rock Star physicians, including under the Stark law, Anti-Kickback Statute, tax-exemption requirements such as Section 501(c)(3) and the new Section 4960 of the Internal Revenue Code, and various types of state laws
  • The concepts of fair market value and commercial reasonableness as applied to Rock Star physicians
  • Best practices for contracting with Rock Star physicians

Faculty

Ferrari, Andrea
Andrea M. Ferrari, JD, MPH

Partner
HealthCare Appraisers

Ms. Ferrari focuses on physician payments related to hospital physician alignment and efficiency improvement...  |  Read More

Wolfe, Joseph
Joseph N. Wolfe

Atty
Hall Render Killian Heath & Lyman

Mr. Wolfe provides advice and counsel to many of the nation's largest health systems, hospitals and medical groups...  |  Read More

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Strafford will process CLE credit for one person on each recording. All formats include program handouts. To find out which recorded format will provide the best CLE option, select your state:

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48 hours after event

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DVD

10 business days after event

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