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

Conducted on Thursday, January 14, 2010

Recorded event now available

or call 1-800-926-7926
Course Materials

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 is an ongoing challenge for providers and involves a number of potential legal pitfalls. Improper handling of physician recruitment has resulted in criminal prosecutions of hospital management teams, exorbitant civil settlements and exclusion from federal healthcare programs.

Counsel for hospitals and medical practices can minimize liability exposure and penalties for improper recruitment by crafting, implementing and evaluating physician recruitment deals to comply with the Stark self-referral rule and the Anti-Kickback statute.

Listen as our panel of healthcare attorneys discusses current trends and challenges in physician recruitment, explains how the Stark Phase III regulations and other federal laws impact physician recruitment, and offers best practices to craft effective recruitment agreements and minimize legal risk with physician hires.



  1. Physician recruitment — current trends and challenges
  2. Regulatory constraints on physician recruitment
    A. Stark Phase III changes
    B. Anti-Kickback statute
  3. 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
  4. 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
Donald H. Romano
Arent Fox

He focuses on physician self-referral (Stark) anti-kickback matters and Medicare reimbursement issues affecting...  |  Read More

Lisa M. Ohrin
Lisa M. Ohrin

Sonnenschein Nath & Rosenthal

Her practice focuses on counseling hospitals, health systems, long term care facilities and other healthcare...  |  Read More

Ann DesRuisseaux
Ann DesRuisseaux

She previously served as Assistant General Counsel with DaVita; Senior Compliance Counsel and Acting Chief Compliance...  |  Read More

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