Physician Recruitment: Ensuring Stark Compliance
Avoiding Fraud and Abuse Pitfalls In Crafting and Evaluating Recruitment Policies and Agreements
Recording of a 90-minute CLE webinar with Q&A
This CLE course will examine current trends and challenges in physician recruitment, explain the impact of the Stark Phase III regulations and other federal laws on physician recruitment, and present strategies for crafting effective recruitment agreements and minimizing risks when recruiting physicians.
- Physician recruitment — current trends and challenges
- Regulatory constraints on physician recruitment
A. Stark Phase III changes
B. Anti-Kickback statute
- Crafting effective recruitment policies and agreements
A. Adopt formalized physician recruitment policy and process
B. Utilize signed, written agreement
C. Remuneration not based on volume or value of referrals
D. Recruited doctor can establish privileges at other hospitals
E. Recruited doctor can refer patients to other hospitals
F. Physician or practice may not impose additional restrictions on recruited doctor
- Minimizing risks in physician recruitment
A. Implement compliance program
B. Evaluate current physician recruitment deals
C. Overview of Advisory Opinion 2007-01
D. Common issues and open issues in physician recruitment
The panel will review these and other key questions:
- What are the regulatory challenges facing healthcare providers in recruiting physicians?
- How can recruitment agreements be crafted to avoid violating federal and state laws and regulations?
- What lessons can be learned from CMS's October 2007 Advisory Opinion and court decisions on hospital recruitment efforts?
- What are the best practices for facilitating successful physician recruitment to minimize legal risks involved?
Donald H. Romano
He focuses on physician self-referral (Stark) anti-kickback matters and Medicare reimbursement issues affecting... | Read More
He focuses on physician self-referral (Stark) anti-kickback matters and Medicare reimbursement issues affecting hospitals, physicians and other providers. He was previously the director of the division at the Centers for Medicare and Medicaid Services (CMS) responsible for Stark policy, including the revisions to "under arrangements" and "per click" leases.Close
Lisa M. Ohrin
Sonnenschein Nath & Rosenthal
Her practice focuses on counseling hospitals, health systems, long term care facilities and other healthcare... | Read More
Her practice focuses on counseling hospitals, health systems, long term care facilities and other healthcare organizations on risk management, fraud and abuse, corporate compliance, reimbursement and other general regulatory matters. She previously served as the Director of the Division of Technical Payment Policy with the Centers for Medicare and Medicaid Services (CMS).Close
She previously served as Assistant General Counsel with DaVita; Senior Compliance Counsel and Acting Chief Compliance... | Read More
She previously served as Assistant General Counsel with DaVita; Senior Compliance Counsel and Acting Chief Compliance Officer for Novation, LLC; Assistant General Counsel with Triad Hospitals; and a private practice healthcare attorney.Close