Structuring Physician Incentives: Regulatory Compliance, Avoiding Potential Pitfalls
Fair Market Value, Commercial Reasonableness, and Volume/Value of Referrals Considerations
Recording of a 90-minute CLE webinar with Q&A
This CLE webinar will guide healthcare counsel on physician incentives, examining the legal requirements and the potential risks. The panel will compare current incentives and value-based incentives and will discuss the impact on regulatory compliance. The panel will offer best practices for structuring physician incentives.
- Comparison of typical physician incentive arrangements historically vs. in the current environment
- The current and evolving regulatory environment and the dangers in improperly structured incentive arrangements in this environment, including:
- New (and unchanged) standards of what is FMV, commercially reasonable, and/or improperly based on volume or value of referrals; and
- Recent regulatory enforcement actions and court cases that are illustrative of the pitfalls of certain newer types of incentives, including those that on their face may seem reasonable.
- Observations and best practices for avoiding pitfalls in the design and structuring of incentive arrangements.
The panel will review these and other key issues:
- What steps can healthcare advisers take to ensure regulatory compliance when structuring physician incentives?
- What are the implications for compliance with the Stark Law, the AKS, and other laws and regulations?
- What lessons can healthcare counsel take away from recent enforcement actions?
Andrea M. Ferrari, JD, MPH
Ms. Ferrari focuses on physician payments related to hospital physician alignment and efficiency improvement... | Read More
Ms. Ferrari focuses on physician payments related to hospital physician alignment and efficiency improvement strategies, valuation of services provided by physician hospital organizations, payments for services provided in connection with clinical research/clinical trial agreements, payments for physician supervision of midlevel practitioners, and health practitioner recruitment and support arrangements. She has provided counsel and representation to various types of clients in the healthcare industry, including hospitals, physicians and physician groups, and pharmaceutical and medical device vendors, distributors and manufacturers.Close
Clevonne M. (Vonne) Jacobs
Principal & Founder
PHAROS Healthcare Consulting
Ms. Jacobs provides strategic and operational advisory services to for-profit and nonprofit healthcare organizations.... | Read More
Ms. Jacobs provides strategic and operational advisory services to for-profit and nonprofit healthcare organizations. Prior to founding her firm Ms. Jacobs was Associate University Counsel for Duke University and Duke University Health System where she provided advice and counsel to one of the world’s preeminent health systems on a broad range of regulatory, operational, and transactional matters. Before joining Duke, Ms. Jacobs spent more than a decade serving as in-house and outside counsel for a broad range of healthcare providers and companies, including hospitals and health systems, academic medical centers, long term care facilities, physician organizations and specialty care providers, primarily focused on transactional, operational, and regulatory matters. Ms. Jacobs is nationally recognized as an expert in her field, she is a frequent speaker on issues related to regulatory compliance (e.g., the Stark Law, the federal Anti-Kickback Statute, HIPAA, etc.), hospital-physician transactions, physician compensation, and corporate governance issues.Close
Ms. Razdan is Associate Counsel with the Beaumont Health. She has experience focusing on a wide range of physician and... | Read More
Ms. Razdan is Associate Counsel with the Beaumont Health. She has experience focusing on a wide range of physician and referral source relationship contracts, including physician employment agreements, independent contractor agreements, leases and session leases. In her previous role as in-house counsel with a different large health system, she regularly interacted with her compliance department to provide feedback on reviews of fair market value review. She went to the preeminent law school of health law, the Saint Louis University School of Law.Close