Structuring Healthcare Practice Leasing, PSA and Other Practice Alignment Arrangements

Complying With Stark, AKS, HIPAA and Maximizing Reimbursement

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


Conducted on Thursday, June 27, 2019

Recorded event now available

or call 1-800-926-7926
Program Materials

This CLE webinar will guide counsel to hospitals and physician groups on structuring and negotiating leased practice agreements, professional service agreements (PSAs) and management services agreements (MSAs). The panel will explain how healthcare providers can leverage the benefits and understand and overcome the legal challenges associated with these kinds of alignment models.

Description

Many hospitals and health systems are pursuing practice affiliation and alignment strategies with physician practices as an alternative to traditional purchase and employment transactions. Some of the more popular of these arrangements are leased practice agreements, PSAs and MSAs.

The ultimate structure of these practice alignment arrangements can have operational, financial and legal implications. Common affiliation arrangements may include clinical and administrative service arrangements, employee leases, equipment and space leases, acquisition of select assets, and various financial arrangements consisting of RVU based or collection-based payments, performance incentives, administrative mark-ups and budgeted cost agreements, among others.

Hospitals, health systems, physician practices, and their counsel need to understand the regulatory requirements, including implications under the Stark Law, the Anti-Kickback Statute and even the False Claims Act, as well as antitrust, HIPAA and other applicable federal and state regulatory authorities, and must carefully evaluate critical economic considerations, such as Medicare, Medicaid and commercial payor billing and reimbursement rules, when structuring these transactions.

Listen as our experienced panel of healthcare counsel examines structuring these practice arrangements and addresses essential contract terms for these transactions. The panel will discuss legal and regulatory concerns impacting the institution and ongoing administration of these agreements as well as fair market value issues. The panel will also offer insight into these arrangements from the hospitals' and physicians' perspectives.

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Outline

  1. Employee leasing arrangements
  2. PSA/MSA arrangements: The practice lease
  3. Equipment leasing agreements
  4. Acquiring select assets, employing the group staff
  5. Financial and fair market value considerations: The value of the valuator
  6. Hospital/health system vs. physician/medical group perspective

Benefits

The panel will review these and other noteworthy questions:

  • What are the primary benefits of practice leasing agreements for hospitals and physician groups?
  • What are the critical first questions counsel must answer before drafting and negotiating practice leasing arrangements to achieve the benefits?
  • What Anti-Kickback Statute and Stark Law issues must practice leasing agreements address?
  • How should counsel address billing matters to preserve Medicare, Medicaid and commercial payor reimbursements to hospitals and physician groups?

Faculty

Gosfield, Alice
Alice G. Gosfield

Founder
Alice G. Gosfield and Associates

Ms. Gosfield advises on problems involving a range of issues, including Medicare reimbursement, fraud and abuse...  |  Read More

Sokolow, David
David S. Sokolow

Partner
Fox Rothschild

Mr. Sokolow is Co-Chair of the firm’s Health Law Practice. He concentrates his practice in a variety of...  |  Read More

Other Formats
— Anytime, Anywhere

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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