Stark Law and Anti-Kickback Statute Compliance in Hospital-Physician Transactions
Recording of a 90-minute CLE video webinar with Q&A
This CLE course 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.
Outline
- Stark Law exceptions
- Isolated transactions
- Bona fide employment arrangement
- AKS, safe harbors, and OIG guidance
- Sale of practice safe harbor
- Transactions not covered by the safe harbor
- One purpose test
- Hopes and expectations of referrals v. payment for referrals
- Bona fide employee safe harbor
- Stark and AKS overlap
- FCA actions: emerging issues
- Best practices
- Deal planning
- 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
Eric W. Cheung
Of Counsel
Foley & Lardner
Mr. Cheung concentrates his practice on solving problems for hospitals, medical groups, physicians, and businesses that... | Read More
Mr. Cheung concentrates his practice on solving problems for hospitals, medical groups, physicians, and businesses that support them, on a wide variety of matters. He is experienced in both the transactional and litigation sides of the law. Mr. Cheung’s practice revolves around mergers, acquisitions, restructurings, and affiliations in the health care industry. Clients particularly value his judgment on the purchase and sale of hospitals and physician practices, structuring management services arrangements, and developing clinically integrated networks and physician alignment models. Mr. Cheung also is intimately familiar with federal and state regulatory compliance issues concerning anti-kickback statutes, self-referral laws, coding and billing practices, and HIPAA laws.
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William B. Eck
Partner
Seyfarth Shaw
Mr. Eck is Chair of the firm's national Health Care Mergers & Acquisitions Practice. His experience in the... | Read More
Mr. Eck is Chair of the firm's national Health Care Mergers & Acquisitions Practice. His experience in the health care industry ranges from mergers and acquisitions to sales and strategic affiliations. He has handled more than 30 purchase and sale transactions for hospitals, long-term care facilities, and other health care provider clients. In the area of health care regulation and compliance, Mr. Eck has served as outside regulatory counsel in numerous public company transactions, offering counsel on matters involving, for example, Stark, Anti-Kickback, licensure, HIPAA and privacy. He also designs regulatory compliance plans and has represented companies and boards of directors on internal investigations, as well as governmental investigations and qui tam whistleblower suits and self-disclosures.
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