Structuring Physician Timeshare Arrangements: Leveraging the Stark Exception, Navigating the Limitations

A live 90-minute CLE webinar with interactive Q&A


Wednesday, October 18, 2017
1:00pm-2:30pm EDT, 10:00am-11:30am PDT

Early Registration Discount Deadline, Friday, September 29, 2017


This CLE webinar will provide guidance to healthcare counsel on the Stark timeshare arrangement exception and the challenges of the exception. The panel will examine the requirements and limitations and offer guidance for structuring a timeshare arrangement to ensure compliance with Stark, federal anti-kickback statute (AKS) and other regulations.

Description

The Centers for Medicare and Medicaid Services (CMS) in 2015 published the most significant changes to the Stark law since 2008. Among the exceptions established by the CMS was the timeshare exception. This exception permits physicians, hospitals or other physician groups to share “space, equipment, personnel, items, supplies or services” through non-exclusive timeshare arrangements.

To take advantage of the exception, certain conditions must be met. For example, the physician cannot be an owner, employee or contractor—regardless of which party grants and which party receives permission to use the premises, equipment, personnel, items, supplies and services of the other party.

Also, when structuring the arrangement, counsel should consider that in the final rule CMS compared a timeshare arrangement with a license, referring to the parties to a timeshare arrangement as licensor and licensee.

Further, hospitals, physician organizations and physicians that are currently in or considering entering into a timeshare arrangement should review the new rule and exception to ensure compliance with the requirements and understand its limitations.

Listen as our authoritative panel of healthcare attorneys reviews the Stark exception for timeshare arrangements and the requirements to meet the exception. The panel will also discuss the challenges that have arisen and what providers and their counsel are doing to overcome those challenges. The panel will also look at structuring the timeshare arrangement to ensure compliance with AKS and overcoming the practical challenges in structuring compliant timeshare leasing arrangements.

Outline

  1. Stark exception for timeshare arrangements and the requirements to meet the exception
  2. Challenges that have arisen and what providers and their counsel are doing to overcome those issues
  3. Structuring the timeshare arrangement to ensure compliance with Stark and AKS
  4. Overcoming the practical challenges in structuring compliant timeshare leasing arrangements

Benefits

The panel will review these and other key issues:

  • How has the Stark exception changed the landscape for timesharing agreements?
  • What limitations still exist with timeshare arrangements?
  • What strategies should counsel employ to ensure Stark and AKS compliance when structuring timeshare agreements?

Faculty

Rick L. Hindmand, Member
McDonald Hopkins, Chicago

Mr. Hindman focuses his practice on healthcare regulatory, data privacy, cybersecurity, corporate, and transactional matters. He represents physicians and other healthcare providers and organizations in structuring group practices, joint ventures, medical device companies, as well as physician/hospital alignment strategies and involvement in accountable care organizations (ACOs). He also assits healthcare providers and businesses with potential compliance challenges, including compliance with the Stark physician self-referral law, federal and state anti-kickback laws, and corporate practice and fee-splitting restrictions.

Kim C. Stanger, Partner
Holland & Hart, Boise, Idaho

Mr. Stanger's practice focuses on healthcare transactions, including practitioner and payor contracts, joint ventures, practice formations, acquisitions, and mergers, conversions and physician integration. He helps clients comply with laws and regulations governing healthcare, including Stark, the Anti-Kickback Statute, HIPAA, EMTALA, HITECH, Medicare and Medicaid requirements, and licensing rules. He also advises clients in governance matters, including drafting and implementing board and medical staff bylaws, policies and rules.


Live Webinar

Live Webinar $247.00

Includes Early Discount Savings of $50.00 (through 09/29/17)

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This webinar is eligible for at least 1.5 general CLE credits.

CLE credits are not available for PR.

*In KS, OH, PA, for more than 1 attendee on the connection you must contact Strafford CLE via email or call 1-800-926-7926 ext. 35 prior to the program for special instructions.


Recordings

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On-demand is the only recorded format recognized for CLE credits in DE, IN, KS, LA, MS, NC, OH, OK, SC, TN, VA, WI.

AK, AZ, CA, CO, CT, DE, FL, GA, HI, IA, ID, IL, IN*, KS, KY, LA, ME, MN, MO, MT, NC, ND, NH**, NJ, NM, NV, NY, OH*, OK, OR, PA, SC, TN, TX, UT, VA, VT, WA, WI, WV, WY (Note: Some states restrict CLE eligibility based on the age of a program. Refer to our state CLE Map for additional information.)

*Only available for attorneys admitted for more than two years. For OH CLE credits, only programs recorded within the current calendar year are eligible - contact the CLE department for verification.

**NH attendees must self-determine if a program is eligible for credit and self-report their attendance.

CLE On-Demand Video $247.00
Available 48 hours after the live event

Includes Early Discount Savings of $50.00 (through 09/29/17)

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Recorded Event

Includes full event recording plus handouts (available after live webinar).

Strafford is an approved provider and self-study CLE credit is available in most states.

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Additional copies of a recording can be purchased at a discount. Please call Strafford Customer Service toll-free at 1-800-926-7926 ext 10 or email customerservice@straffordpub.com to place your order.

Recorded Webinar Download $247.00
Available 48 hours after the live event

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Recorded Audio Download (MP3) $247.00
Available 24 hours after the live event

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DVD (Slide Presentation with Audio) $247.00 plus $9.45 S&H
Available ten business days after the live event

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Registration Plus Recorded Event

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Live Webinar & Webinar Download $344.00

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Live Webinar & Audio Download $344.00

Includes Special Savings of $250.00 (through 09/29/17)

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Includes Special Savings of $250.00 (through 09/29/17)


Webinar

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Early Registration
Discount Deadline
September 29, 2017
(7 days)

or call 1-800-926-7926

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Customer Reviews

The topic was timely and relevant and the speakers were knowledgeable and had excellent delivery.

Susan Leach DeBlasio

Adler Pollock & Sheehan

I thought the webinar was timely and relevant.  Great speakers and excellent information.

Nancy Sever

Crystal Run Healthcare

Strafford's seminar was excellent and I found the Q&A session especially helpful.

Ben Koplin

Fulbright & Jaworski

The program was very to the point — no fluff.

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Wright Lindsey & Jennings

Excellent presentation.

Barry Jasilli

CVS Caremark

or call 1-800-926-7926

Health Law Advisory Board

Lowell C. Brown

Partner

Arent Fox

Jennifer L. Evans

Shareholder

Polsinelli

Ryan S. Johnson

Shareholder

Fredrikson & Byron

Gina M. Kastel

Partner

Faegre Baker Daniels

Karen S. Lovitch

Member

Mintz, Levin, Cohn, Ferris, Glovsky and Popeo

David A. Manko

Partner

Proskauer Rose

John J. Miles

Senior Counsel

Baker Donelson

C. Elizabeth O'Keeffe

Counsel

Wyatt, Tarrant & Combs

J. Peter Rich

Partner

McDermott Will & Emery

Donald H. Romano

Of Counsel

Foley & Lardner

Judith A. Waltz

Partner

Foley & Lardner

John R. Washlick

Shareholder

Buchanan Ingersoll & Rooney

Jesse A. Witten

Partner

Drinker Biddle & Reath

or call 1-800-926-7926

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