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

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

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Conducted on Wednesday, November 4, 2020

Recorded event now available

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Course Materials

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.


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, AKS, 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 critical 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 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.



  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


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?


Cheung, Eric
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

Eck, William
William B. Eck

Seyfarth Shaw

Mr. Eck is Chair of the firm's national Health Care Mergers & Acquisitions Practice. His experience in the...  |  Read More

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