FMV and Commercial Reasonableness Challenges in Physician Compensation Arrangements: Meeting Compliance and Regulatory Requirements

Complexities in PSAs, ED Call Coverage, Service Line Co-Management, and Shared Savings Arrangements

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


Conducted on Tuesday, August 4, 2020

Recorded event now available

or call 1-800-926-7926
Program Materials

This CLE webinar will analyze vexing issues in the valuation of professional service arrangements/employment deals, emergency department call coverage, and service line management arrangements. The panel will address valuation and regulatory concerns that result and offer best practices for overcoming fair market value/commercial reasonableness challenges.

Description

Compliance in establishing and implementing physician compensation arrangements is challenging in a changing healthcare landscape. Many aspects of effective compliance begin with an understanding of the regulatory issues involved and the ever-changing valuation dynamics, including challenges under the Stark Law and Anti-Kickback Statute.

Current valuation and regulatory challenges exist in physician compensation arrangements, such as (1) employment/professional services arrangements; (2) emergency department call coverage; (3) service line management arrangements; and (4) real estate rental arrangements. Each of these compensation areas is becoming increasingly complex and nuanced, further complicating the resulting valuation and regulatory concerns facing healthcare attorneys and compliance professionals today.

As the use of these arrangements grows, these types of arrangements continue to increase in complexity. As a result, new issues that require attention in the valuation process arise. Healthcare counsel and advisers must take into consideration a variety of healthcare regulatory requirements, including AKS, Stark, and False Claims Act.

Listen as our authoritative panel of healthcare advisers addresses critical issues involved in valuation in PSA/employment deals, ED call coverage, and service line co-management arrangements. The panel will address valuation and regulatory concerns that result and offer best practices for overcoming valuation challenges.

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Outline

  1. Critical issues in valuation
    1. PSA/employment deals
    2. ED call coverage
    3. Service line management arrangements
    4. Real estate rental arrangements
  2. Regulatory concerns
    1. Avoiding volume or value
    2. Tacking arrangements
    3. Sharing the savings
    4. Revenue procedure 97-13
  3. Best practices for overcoming FMV/commercial reasonableness challenges

Benefits

The panel will review these and other key issues:

  • What are the valuation challenges in PSAs? In ED call coverage? Service line management arrangements?
  • What steps can healthcare advisers take to ensure regulatory compliance when valuing physician compensation?
  • What best practices can counsel employ to overcome valuation challenges?

Faculty

Bernstein, Curtis
Curtis H. Bernstein, CPA/ABV, ASA, CVA, MBA

Partner
Pinnacle Healthcare Consulting

Mr. Bernstein specializes in providing valuation, transaction advisory, strategic and operational consulting services...  |  Read More

Kolarik Jana
Jana L. Kolarik

Partner
Foley & Lardner

Ms. Kolarik focuses on health law issues, including federal and state fraud issues such as anti-kickback, self-referral...  |  Read More

Wade, Robert
Robert A. Wade

Partner
Barnes & Thornburg

Mr. Wade represents large health systems, hospitals, ambulatory surgical centers, physician groups, physicians and...  |  Read More

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