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Stark Law, Anti-Kickback Statute Changes: The Impact on Healthcare M&A

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

This program is included with the Strafford CLE Pass. Click for more information.
This program is included with the Strafford All-Access Pass. Click for more information.

Conducted on Thursday, June 2, 2022

Recorded event now available

or call 1-800-926-7926

This CLE course will guide healthcare counsel through applying the Stark Law and Anti-Kickback Statute (AKS) regulations to healthcare transactions and M&A. The panel will discuss how recent changes to the Stark Law and AKS impact healthcare providers and others in healthcare deals.


After a down year in 2020, healthcare M&A in 2021 had surpassed already 2020 totals before the start of the fourth quarter. Counsel should anticipate 2022 will be another big year for healthcare deals.

In November 2020, the Department of Health and Human Services published the long-awaited and highly anticipated Final Rules revising the regulations related to the Stark Law and the AKS. In large part, these Final Rules have been recognized as providing a framework for protecting specific value-based arrangements that incentivize care coordination, quality of care, and cost containment. Yet, they also set forth new Stark exceptions and AKS safe harbors and modified existing exceptions and safe harbors that affect transactions outside of the value-based arena. For example, the Final Rules clarify interpretations of current existing regulations and key definitions, including the "Big 3" fair market value, commercial reasonableness, and volume or value standards.

Counsel to parties doing healthcare deals must ensure compliance, as the penalties for violation of these fraud and abuse rules can be severe. Providers must ensure arrangements with physicians are appropriate. Counsel to healthcare M&A deals will need to review regulatory considerations, including compliance with the Stark Law and AKS and state law equivalents, among other things.

Listen as our authoritative panel of healthcare attorneys examines the impact and application of the Final Rules on healthcare transactions and M&A.



  1. Review of changes to Stark and AKS, as well as application to healthcare M&A hypothetical
  2. Potpourri of additional new, modified AKS safe harbors
  3. Best practices and recommendations


The panel will review these and other noteworthy issues:

  • The "Big 3"--fair market value, commercial reasonableness, and volume/value standards
  • AKS safe harbors and Stark Law exceptions
  • Impact of the Final Rules on healthcare providers and healthcare M&A


Washlick, John
John R. Washlick

Buchanan Ingersoll & Rooney

Mr. Washlick focuses his practice on healthcare transactions and corporate compliance. He is Co-Chair of the...  |  Read More

Alleva, Heather
Heather R. Alleva

Baker Donelson Bearman Caldwell & Berkowitz

Ms. Alleva represents health care providers in various transactions, including mergers, acquisitions, affiliations,...  |  Read More

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