Structuring Hospital-Physician Joint Ventures: Stark, AKS, Antitrust Compliance
Recording of a 90-minute CLE webinar with Q&A
This CLE course will prepare hospital and physician counsel to anticipate and minimize risks arising under the Stark Law, Anti-Kickback Statute, and other federal and state laws when establishing hospital-physician joint ventures.
Outline
- Payment models driving hospital-physician joint ventures
- Reimbursement
- Value-based payment
- Shared savings/ACOs
- Payment bundling
- Evolution of joint venture models
- Full integration: physician employment
- Jointly owned facilities
- Management and co-management arrangements
- Clinical integration
- Legal considerations when entering joint ventures
- Antitrust concerns
- Stark Law and exceptions
- Anti-kickback Statute and safe harbors
- Tax-exempt status considerations
Benefits
The panel will review these and other key questions:
- How have healthcare reform and other recent legislative, regulatory, and enforcement activities impacted the viability of hospital-physician joint ventures?
- What are the common business models for hospital-physician ventures--and the advantages and disadvantages of each model?
- What are the Stark Law and anti-kickback risks for hospital-physician joint ventures?
- What strategies have proven effective for hospital and physician counsel during the creation of joint ventures?
Faculty
Kevin M. Hilvert
Partner
Bricker & Eckler
Mr. Hilvert's practice has focused exclusively on representing health care providers on transactional, governance,... | Read More
Mr. Hilvert's practice has focused exclusively on representing health care providers on transactional, governance, regulatory and compliance matters.
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Robert M. Holland
Attorney
Buchanan Ingersoll & Rooney
Mr. Holland focuses his corporate transactions and regulatory practice on assisting healthcare and life sciences... | Read More
Mr. Holland focuses his corporate transactions and regulatory practice on assisting healthcare and life sciences organizations in navigating the myriad rules related to the U.S. healthcare system, providing care to patients and developing the healthcare technologies of the future. He works with clients to determine where and when to incorporate, how to structure their businesses to minimize risk, and the relevant regulatory approvals and licenses needed to operate. Once organizations are up and running, he counsels clients regarding ongoing challenges, including reimbursement, fraud and abuse, and data privacy and security.
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Roger D. Strode
Partner
Foley & Lardner
Mr. Strode's practice focuses on health care business transactions, including mergers, acquisitions, corporate... | Read More
Mr. Strode's practice focuses on health care business transactions, including mergers, acquisitions, corporate restructurings and joint ventures, general corporate matters and health care regulation. His experience includes the representation of institutional health care providers, large physician groups, specialty providers (ASC development organizations), health care private equity firms and industry consultants. He participated as lead counsel in numerous health care and corporate transactions, including the purchase and sale, or transfer of sponsorship of hospitals, health systems, physician practices and health maintenance organizations; the formation of specialty hospitals; and the formation of ancillary services joint ventures.
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