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Corporate Practice of Medicine and Fee-Splitting: Ensuring Compliance With the Prohibitions, Leveraging Exceptions

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

This program is included with the Strafford CLE Pass. Click for more information.
This program is included with the Strafford All-Access Pass. Click for more information.

Conducted on Tuesday, December 20, 2022

Recorded event now available

or call 1-800-926-7926

This CLE course will guide healthcare counsel through the corporate practice of medicine and fee-splitting prohibitions. The panel will examine how different states address the challenges presented by the prohibitions. The panel will also offer best practices for navigating the prohibitions to ensure compliance.

Description

Many states prohibit the corporate practice of medicine. The prohibition presents one of the challenges for structuring some healthcare transactions, such as management services arrangements, particularly if the entity has venture capital or private equity investments. Corporate practice of medicine laws prohibit an entity from providing medical services or employing physicians if non-physicians own it.

Another risk is fee-splitting, which many states prohibit to reduce the likelihood that unnecessary medical services will be provided to maximize income. Fee-splitting can occur when a physician splits professional fees with non-clinicians.

Counsel must consider several factors unique to healthcare when structuring different transactions, including the corporate practice of medicine and fee-splitting prohibitions, and ensure compliance when structuring agreements.

Listen as our authoritative panel of healthcare attorneys examines the corporate practice of medicine and fee-splitting. The panel will examine how different states address the challenges presented by the corporate practice of medicine laws. The panel will address fee-splitting issues and offer best practices for navigating both corporate practice of medicine and fee-splitting to ensure compliance.

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Outline

  1. Corporate practice of medicine
    1. Legislation, judicial decisions, AG opinions
    2. Exceptions
  2. Fee-splitting
    1. Differences with kickbacks, Stark violations
  3. Best practices to ensure compliance

Benefits

The panel will review these and other key issues:

  • What limitations do the corporate practice of medicine and fee-splitting laws place on healthcare transactions?
  • What is the difference between fee-splitting, a kickback, and violations of physician self-referral laws?
  • What are best practices for counsel to ensure compliance with corporate practice of medicine prohibitions when structuring healthcare agreements?

Faculty

Markenson, Ari
Ari J. Markenson

Partner
Venable

Mr. Markenson practices at the intersection of healthcare, law, and business. He advises healthcare industry clients,...  |  Read More

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Strafford will process CLE credit for one person on each recording. All formats include course handouts.

To find out which recorded format will provide the best CLE option, select your state:

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