Preparing for and Defending Stark Law and Anti-Kickback Statute Compliance in Hospital-Physician Transactions

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


Conducted on Wednesday, May 15, 2019

Recorded event now available

or call 1-800-926-7926
Program Materials

This CLE webinar will guide healthcare counsel on ensuring compliance with the Stark law and Anti-Kickback Statute (AKS) in transactions between hospitals and physician groups. The panel will also provide best practices for counsel on structuring arrangements to fit within the AKS safe harbors and Stark exceptions.

Description

When structuring a transaction involving healthcare providers, counsel must beware of federal and state statutes that apply to the healthcare industry, including those prohibiting kickbacks and certain self-referrals. The Stark Law, Anti-Kickback Statute, and state equivalents may impact healthcare transactions among hospital systems and physicians, including practice acquisitions, employment contracts, compensation structures, and equipment leases. Violations may result in significant civil and criminal penalties.

Healthcare counsel must consider the requirements of the AKS and Stark Law, as well as key safe harbors and exceptions when contracting between healthcare providers. For example, the isolated transactions exception and bona fide employment exception and/or safe harbor may be structured to apply when a hospital purchases a physician practice and then employs the physicians. Counsel must carefully structure the transaction to comply.

Listen as our authoritative panel examines the tension and overlap of the Stark Law and AKS analyses in a hospital/physician transaction. The panel will discuss recurring issues emerging from recent case law and settlements of False Claims Act (FCA) cases challenging hospital—physician arrangements.

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Outline

  1. Stark law exceptions
    1. Isolated Transactions
    2. Bona Fide Employment Arrangement
  2. AKS, safe harbors and OIG guidance
    1. Sale of practice safe harbor
    2. Transactions not covered by the safe harbor
    3. One purpose test
    4. Hopes and Expectations of referrals v. payment for referrals
    5. Bona Fide Employee safe harbor
  3. Stark and AKS overlap
  4. FCA actions—emerging issues
  5. Best practices
    1. Deal planning
    2. Post-transaction considerations

Benefits

The panel will review these and other key issues:

  • What is the scope of the Stark law exceptions?
  • What guidance has the OIG provided regarding the application of AKS safe harbors?
  • What steps should counsel take when deal planning to ensure compliance with Stark law and AKS?

Faculty

Looney, Kim
Kim Harvey Looney

Partner
Waller Lansden Dortch & Davis

Ms. Looney advises providers on day-to-day operational issues such as recruitment and employment, and regulatory...  |  Read More

Paulhus, Michael
Michael E. (Mike) Paulhus

Partner
King & Spalding

Mr. Paulhus specializes in defending leading healthcare providers in government investigations and regulatory...  |  Read More

Other Formats
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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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